AWL president Goh Siu Lin said Malaysia should follow in the footsteps of countries like Canada, Denmark and Australia in providing legal aid to victims.
In an interview with FMT, Goh said too often, victims were neglected by the criminal justice system, compared to perpetrators, when they deserved more attention and protection.
”Presently, the National Legal Aid Foundation (NLAF) only provides legal assistance in the form of legal representation only to persons charged with offences other than offences punishable with the death penalty.”
She said this was because the criminal justice system focuses more on penalising the perpetrator and, as a result, the role and needs of victims have often been ignored.
In fact, she said, one of the factors leading to the under-reporting or withdrawal of reports of rape and sexual assault is the lack of proper legal advice and support for the victim during the reporting process or while the case is pending.
“It must be emphasised that victims – especially children – of rape and sexual assault are more vulnerable than other victims of crime. The reason is that victims of rape and sexual assault are overcome with feelings of embarrassment and shame.”
Goh, said the victim would be re-traumatised when questioned repeatedly by multiple parties within the system from the police to the courts.
She said victims – often the sole witness to a sex crime – have a legitimate interest in the case and could contribute to the conviction of a perpetrator.
This, she said, was why there was an urgent need to have a proper victim aid programme to help victims deal with the processes, starting from the police station through to the hospital and to court, as they may be unfamiliar with the procedure.
She said funding for such a programme could come entirely under the government through the NLAF or through a combination of government and private sector funding.
“We hope that the NLAF can extend its parameters to include legal aid for victims, especially those of sexual crimes, domestic abuse and human-trafficking as these victims are among the most vulnerable members of our society.”
According to home ministry figures released in the Dewan Rakyat last year, a total of 13,944 cases of domestic abuse were recorded between 2013 and 2015. During that same period 7,240 rape cases were recorded.