FACULTY OF LAW AND INTERNATIONAL RELATION

LLD 20302 ASSIGNMENT: BLOGGING

SEMESTER II SESSION 2022/2023

PROGRAMME : DIPLOMA IN LAW

COURSE : ENGLISH FOR LAW

COURSE CODE : LLD20302

LECTURER : NUR SALINA BINTI ISMAIL

GROUP MEMBERS

NAMES MATRIC NUMBERS

1) NUR NABILAH NASUHA 062188

BINTI MAT SHAH

2) NURHUMAIRA SAFFIYA 063103

BINTI MUHAMMAD KAMIL
FAHRUDDIN

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 TYPES OF SEXUAL HARASSMENT IN MALAYSIA

In Malaysia, sexual harassment defined as any unwanted conduct of sexual nature

whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive,

humiliating or threat to their well-being according to Employment Act 1955. As we already

know, sexual assault that happened in Malaysia is widespread. Based on the case reports from

Polis Diraja Malaysia (PDRM) it was reported that between 2013 and 2017 there are 1,218

sexual harassment case and 79 percent involved women victims while 21 percent involved male

victim. However, a recent study by Women Aid organization (WAO) In 2002 stated that 62

percent woman has experienced such harassment at workplace. Sadly, victims are reluctant to

report their harassment, consequently leading to under-reporting of such conduct. Based on the

situation, there are highly recommended that such despicable act should be reported to the

authorities to prevent sexual harassment that happened in Malaysia. But the main issue is are

there several types of sexual harassments that may be count as harassment. There are acts of

harassment that can be considered as sexual harassment which is through verbal, gestural and

visual.

Verbal harassment is one of the forms of sexual harassment where abuse includes the use of

verbal or written language to express, elicit or insinuate sexual content. According to the Section

2 of Anti Sexual Harassment Act 2022 where there is interpretation about sexual harassment

which is any unwanted conduct of a sexual nature, in any form, whether verbal, non-verbal,

visual, gestural or physical, directed at a person which is reasonably offensive or humiliating or

is a threat to his well-being that can be used in all form of sexual harassment. It is a widespread

issue that can be encountered in social environments, workplace settings and in society

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environment. Sexually suggestive comments through jokes, jesting, kidding, sounds and

questioning are classified under this type. In the case of Aznan Harun v Maybank (2015) 3

MELR 231, the court held that it was fair to terminate an employee who had been making

sexually suggestive and inappropriate comments to his co-workers.

Non-verbal conduct is also listed as another form of sexual harassment. It may include

engaging in sexual nature, ogling and staring in a sexually suggestive manner, whistling or

making sexually suggestive noises, licking lips, hand signal and sign language denoting sexual

activity, persistent flirting. It can be related with section 509 of Penal Code where any person

who insult the honour of woman by gesture, or wilfully displaying any object shall be punished

for a term of 5 years imprisonment or with fine. In the case of Kamarul Zaman bin Mamat v

Nippon wiper Blade (M) Sdn Bhd (2013), the claimant was dismissed as he had given remarks of

a sexual nature to a colleague. He said (“come sit here”) with a hand on his thighs and ogled his

colleague with suggestive overtones, persistent flirting.

Visual sexual harassment is an action or behaviour if it is sexual in nature, unwelcome and

offensive or insulting. This could be something which is not directed to any particular person but

which, nevertheless, creates a hostile or humiliating environment for others, for example,

displaying obscene pictures. This has the potential effect of degrading or offending a female

worker. Visual sexual harassment is any unwanted, non-consensual exposure of sex organs,

sexual images or sexually in appropriate gestures. Act such as showing pornographic materials,

photographs of naked, drawing sex-based sketches, writing sex-based letters to other, exposing

one is genitals etc.

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 Malaysia is one of many countries that are affected by the serious problem of sexual assault.

The society may be significantly impacted by exposure to various forms of sexual assault in a

few different ways. It can affect policy and support for survivors, as well as public perceptions,

attitudes, and responses to sexual assault. It will improve knowledge and understanding of sexual

harassment and exposure to various types of sexual assault can increase public awareness of the

various forms it can take. Furthermore, exposing sexual assault to the public and talking about it

can inspire victims to come forward and ask for help.

In conclusion, there are a few different types of sexual harassment that are punishable by

the law, such as verbal assault, gestural assault, and visual assault. It's crucial to remember that

combating sexual assault necessitates concerted efforts from many parties, including the

government, civil society organizations, educational institutions, and individuals. By

acknowledging the effects of being exposed to various forms of sexual assault, Malaysia can take

steps to make its society safer and more open to all of its citizens.