PREPARED BY : HEMIRAH
• The One Stop Crisis Center (OSCC) service is an integrated
and comprehensive multiagency service center established
in all Emergency and Trauma Departments (ETD) of the
Ministry Of Health for the management of survivors of
domestic violence, sexual assault, child abuse and neglect.
INTRODUCTI The survivors are seen at the center where all agencies
converge to manage them.
ON • The network for the management of OSCC survivors shall be
at three levels. The first level involves initial hospital
management. The second level involves follow-up. The third
level involves rehabilitative programs with various agencies
and legal proceedings.
The OSCC is a service The primary aim of the
provided at all OSCC is to offer you a safe
government general place to protect you from
hospitals in Malaysia. This further harm, to examine
centre is open 24 hours a your injuries and to treat
day and caters to all cases accordingly, to help in the
pertaining to abuse, police investigation and to
violence and exploitation safely locate you till you
of adults and children. get help from the social
The prevalence of such welfare department if
cases are on the rise in needed. You will also be
Malaysia as there are assessed for mental and
more awareness and emotional crisis and
better law enforcement. treated accordingly.
OBJECTIVES OF ONE STOP CRISIS CENTRE
❖ To provide multidisciplinary care of the survivors.
❖ To identify and manage survivors of domestic violence, sexual assault, child abuse and
neglect.
❖ To provide treatment and multilevel crisis intervention to survivors.
❖ To ensure the delivery of optimal care and evidence management for the survivors.
❖ To ensure appropriate management of medico legal evidence. The OSCC shall work with
the police to assist in evidence management for medico legal purposes.
Rape and
sexual
assault
COMPONENT Child abuse
S OF ONE and neglect
STOP CRISIS
CENTRE Sodomy
Domestic
violence
RAPE CASES
MALAYSIA LEGAL DEFINITION OF RAPE
❖ Under Section 375 of the Penal Code, it is defined as:
❖ Sexual intercourse obtained through force or threat of force without the victim’s
consent. There must be some penile penetration, however slight. Ejaculation is not
necessary (Section 375 Penal Code)
❖ Whereas Section 376 of the Penal Code states that whoever commits rape shall be
punished with imprisonment for a minimum term of five years and a maximum term
of twenty years, and shall be liable to whipping.
LIMITATIONS OF CURRENT DEFINITION OF RAPE
Unfortunately, the current definition of rape has gross limitations:
● It excludes other violent acts such as penile penetration of the victim’s mouth or
anus, or insertion of fingers and other objects into the survivor’s vagina, and
● It excludes the possibility of men being raped when in reality men and boys are also
subjected to acts of sexual violence, degradation, and violations of their body too
● It excludes the possibility that wives can be raped by their husbands, thereby treating
married women as the property of their husbands and to be used by them as they
please.
DEFINITION OF SEXUAL
ASSAULT
•All other offenses such as non-consented kissing and fondling of the breast
or woman’s private part [an outrage of modesty but without penetration] as
well as forced anal sex, and the insertion of objects into the vagina, mouth or
anus maybe charged under "sexual assault".
STATUTORY RAPE
Statutory rape is defined as
The offense of statutory rape any sexual intercourse with a
in Malaysia is dealt under girl under 16 years of age is
Section 375 of the Malaysian considered rape irrespective
Penal Code. of whether victim’s consent
was obtained.
FRESH CASE VS COLD CASE
Fresh Rape Case: any Cold Rape Case: any
rape survivors rape survivor
presenting to health presenting to health
facility within 72 facility after 72 hours
hours of the incident. of the incident.
Sample from Vulva/vagiba/cervix/rectum
SAMPLE Wet smear from introitus
COLLECTI Wet smear from fornix for spermatozoa
Smear from post fornix and endofornix for micro and bacteriology
ON
Swab from vagina pool
Rectal swab
Scraping from nail
SAMPLE Pubic hair
COLLECTI Scalp hair
ON Clothing for blood/semen
Blood: ABO/Rh, VDRL, Alcohol, Drugs, Anti-HIV, Hep B
• Do not wash yourself or change your clothes, even if you really
want to
ADVISE • It will destroy important evidence of the rape, such as
semen, blood, saliva, hairs and fibers
YOU CAN • Go for a medical examination at the A&E Dept (OSCC) of a
government hospital immediately (someone to accompany her).
GIVE TO A •
•
Tell her:
‘Doctors will examine you in a private room to gather
RAPE evidence of the rape. You will first be provided with forms
requesting your approval for the medical examination and
that the information be used for police investigation. The
VICTIM doctor may examine your genital areas and your clothes.
While you may feel uncomfortable, it i very important to
gather evidence right away.”
ADVISE
• Make a police report as soon as possible
• If in hospital (OSCC), hospital staff will notify the police for
the report.
YOU CAN • If victim goes to the police station first, a police officer
should accompany you to the hospital after the report has
GIVE TO A •
been lodged.
Lend a listening ear and give counselling
RAPE •
•
Tell the victim:
Rape is not your fault! The only person to blame for a rape is
VICTIM the rapist. By reporting the rape, you may be able to stop the
rapist from hurting others.
SODOMY/ CARNAL
INTERCOURSE
Sodomy/carnal intercourse is charged under
Penal Code Section 377
SODOMY/ Section 377A defines what a carnal intercourse
means
CARNAL
INTERCOUR Section 377B describes offenses in consensual
SE carnal intercourse
Section 377C describes offenses in non-
consensual carnal intercourse (against the will)
SODOMY/
CARNAL •“Any person who has sexual connection with another person by
the introduction of the penis into the anus or mouth of the other
person is said to commit carnal intercourse against the order of
INTERCOUR nature.” (Penal Code, Section 377A)
SE
SODOMY/ CARNAL INTERCOURSE
“Whoever voluntarily commits carnal intercourse against the order of nature shall be
punished with imprisonment for a term which may extend to twenty years, and shall also
be liable to whipping.” (Penal Code, Section 377B)
DOMESTIC VIOLENCE
•Domestic violence (Domestic Violence (amendment) Act 2012) is the
commission of one or more of the following acts:
• Willfully or knowingly placing or attempting to place the victim in
fear of physical injury;
• Causing physical injury to the victim by such act which is known or
DOMESTIC
ought to have been known would result in physical injury;
• Compelling the victim by force or threat to engage in any conduct or
act, sexual or otherwise from which the victim has right to abstain;
VIOLENCE • Confining or detaining the victim against the victim’s will;
• Causing psychological abuse which includes emotional injury to the
victim;
• In the case where the victim is a child, causing the victim to suffer
delusions by using any intoxicating substance or any other
substance; and
WHO CAN COMMIT DOMESTIC VIOLENCE?
By a person whether by himself or a third party, against:
❖ his or her spouse
❖ his or her former spouse
❖ a child
❖ an incapacitated adult
❖ any other member of the family
INTERIM PROTECTION ORDER, IPO (DOMESTIC VIOLENCE ACT OF 1994):
❖ An Interim Protection Order is issued by the court pending investigations of an
offence prohibiting the person against whom the order is made from using domestic
violence against the victim. A police report must be lodged to obtain an Interim
Protection Order.
PROTECTION
ORDER, PO
(DOMESTIC • The court may issue a Protection Order restraining the
person against whom the order is made from inflicting
VIOLENCE domestic violence.
ACT OF
1994):
TYPICAL PROTOCOL OF DOMESTIC VIOLENCE IN OSCC
❖ Victim registering at the counter
❖ Triage according to the severity of injury
❖ Severe injuries treated immediately
❖ Less severe injuries seen after, if other emergency case ongoing (low priority)
❖ Disclosure about domestic violence often happens when a provider is talking to a client
❖ Record of domestic violence cases made in OSCC registry
❖ Victim is examined (OSCC or main A&E room)
❖ Internal referrals (x-ray, etc.)
❖ Process may take some time before the patient is examined and referred
❖ Admission, if severe injury, or for temporary shelter (safety)
❖ Internal referral to medical social welfare mainly for admitted cases
❖ Discharged and maybe external referrals to support services (social welfare, NGOs,
religious office)
CHILD ABUSE AND
NEGLECT
CHILD ACT 2001
❖ Also known as “Akta Kanak-kanak 2001”
❖ Definition:
❖ Means every human being under the age of 18 years old (Section 2, The child Act
2001)
❖ Also similarly defined in The (UN) Convention on the Rights of the Child 1989 (Article
1)
CHILD ABUSE
❖ Non accidental injury (NAI)= multiple ages of bruises at the body and not correlate
with history from parents or guardian
❖ Delayed in seeking treatment
❖ Mlaysian Police statistics for year 2006 shows that 89% of the child sexual abuse
perprtrators are people known to the vitims.
❖ In this 89% of the perpetrators, 52% of them are parents.
SUSPECTED CHILD ABUSE AND NEGLECT (S.C.A.N) TEAM
❖ Established since 1985 at the National Paediatric Institute of Hospital Kuala Lumpur
(HKL) to provide medical care, treatment and services to children who have been
physically or sexually abused.
❖ The team comprises of paediatricians, gynaecologists, child psychiatrists, medical
officers, medical social worker and nurses in the hospital, as well as social workers
from the Welfare Department, police and NGOs.