VIOLENCE AND SEXUAL OFFENCES AGAINST CHILDREN IN MALAYSIA: SEARCHING FOR THE RIGHT APPROACH

Child pornography on the Internet was first identified in the United States mainly, as a serious problem in the 1970s. In Malaysia, the issue has gained attention only in recent times especially with the case of Richard Hiuckle highlighted by the local media. More recently, with the enactment of the Sexual Offences against the Children Act 2017 provides for specific provisions relating to child pornographic offences. In the Pre-Internet era, the focus of sexual based offences against children was on the physical sexual abuse of children. Physical sexual abuse of children is covered by the sexual offences provisions in the Penal Code such as rape, incest and inciting a child to an act of gross indecency. In sentencing the offender, the court normally opt for a deterrence, incapacitation as well as retribution as the basis for choosing any of the punishment prescribed in the legislation. The objective of this paper therefore is to look into the viability of harsher and strict sentencing policies to be implemented in Malaysia to sexual offences to reduce the harm caused to children from exposure to illegal and harmful material online due to the technical difficulties to regulate the material on the Internet.