GREY RAINBOWS
VICTEMS OF CHILD MOLESTATION
1.0 Introduction
Violence against children refers to physical and mental abuse as well as injury,
neglect, exploitation and sexual abuse. Tragically, children experience violence in all
spaces most familiar to them: in homes, schools, parks and communities they live in.
They also suffer abuse in orphanages, on streets, in the workplace, in cyberspace as well
as in places of detention.
Like in most countries, only extreme child abuse and neglect cases are reported in
Malaysia, often involving tragic elements of disturbing injuries, sexual abuse or even
death. International experience suggests that reported cases are likely to represent only
10% of total cases perpetrated as most victims and their families remain too ashamed or
unable to report the violations against them. Violence affects childrens physical and
mental health, impairs their ability to learn and socialize, and undermines their
development as functional adults and good parents later in life. In the most severe cases,
violence against children can also lead to death. The causes of violence against children
are complex. Family breakdown, stress, chronic poverty, unemployment, mental health
disorders, substance abuse, homelessness, community violence and lack of quality
parental time contribute to cases of abuse and neglect of children.
September 16th 2007, Malaysia was shaken by the death of eight years old Nurin
Jazlin Jazimin who was reported to have been molested and brutally killed. Not long after
that, Malaysia was yet again shaken by horrifying news of the kidnapping and of
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Sharlinie Mohd Nashar. Not long after that again Malaysia was devastated by images of
what had happened to Nurul Nadhirah Abdullah, another victim of child molestation.
Malaysia has been haunted by unwanted cases of child molestation since early 2000
when we were first introduced to such issues with the sad story of Norshuada Burok, a 6
years old victim of child molestation. (Wan Muhammad Hazem, 2012)
As mentioned by WHO, it is estimated that 150 million girls and 73 million boys
under 18 years of old has experienced forced sexual intercourse or other forms of sexual
violence involving physical contact. A study conducted by The United Nations Secretary-
General's Study on Violence against Children (2006), mentioned that sexual violence can
have serious short term and long term physical, psychological and social
consequences not only for girls or boys, but also for their families and communities. This
includes increased risks for illness, unwanted pregnancy, psychological distress, stigma,
discrimination and difficulties at school.
Before discussing more on this matter we must first define the meaning of a
child and child molestation.
1.1 What is Child Molestation?
According to The Oxford English Dictionary, a child means a person
between birth and full growth; a boy or girl, a son or daughter, a baby or infant.
As mentioned by The Free Dictionary by Farlex, child molestation is a crime
involving a range of indecent or sexual activities between an adult and a child,
usually under the age of fourteen. Defined by psychiatric terms, these acts are
sometimes referred to as pedophilia. It is important, however, to keep in mind that
child molestation and child sexual abuse refer to specific, legally defined actions.
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They do not necessarily imply that the perpetrator bears a particular psychological
motive. For example, not all incidents of child molestation are perpetrated by
pedophiles; sometimes the perpetrator has other motives for his or her actions and
does not manifest an ongoing pattern of sexual attraction to children. Thus, not all
child molestation is perpetrated by pedophiles, and not all pedophiles actually
commit child molestation.
1.2 What is a Pedophile?
A pedophile is a person who has a sustained sexual orientation toward
children, generally aged 13 or younger. Not all pedophiles are child molesters or
vice versa. Child molesters are defined by their acts; pedophiles are defined by
their desires. Some pedophiles refrain from sexually approaching any child for
their entire lives.
Pedophiles can be anyone; old or young, rich or poor, educated or
uneducated, non-professional or professional, and of any race. However,
pedophiles often demonstrate similar characteristics, but these are merely
indicators and it should not be assumed that individuals with these characteristics
are pedophiles. But knowledge of these characteristics coupled with questionable
behavior can be used as an alert that someone may be a pedophile.
Often the pedophile is male and over 30 years of age with single or with
few friends in his age group. If married, the relationship is more "companion"
based with no sexual relations. The pedophiliac is often vague about time gaps in
employment which may indicate a loss in employment for questionable reasons or
possible past incarceration.
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1.3 Child Development
According to Herbert, M. (1991), at one time, children were seen as a
smaller version of an adult and not very different from one another but as time
changes, so did the perception towards children. Biologically a child refers to a
human between birth and puberty but psychologically a child differs greatly from
an adult making children very unique. As the child develops it social skills they
broaden their social horizons and become more engaged with those around them.
As children grow their past experiences will shape who they are, allow them to
perceive the world in their own way. This helps a person go through everyday life.
Developmental changes such as biological, psychological and emotional
may be strongly influenced by genetic factors and events during prenatal life.
These changes may occur as a result of genetically controlled processes known
as maturation, or as a result of environmental factors and learning, but most
commonly involves an interaction between the two. It may also occur as a result
of human nature and our ability to learn from our environment. Human beings
have a keen sense to adapt to their surroundings and this is what child
development encompasses. Every child would struggle to find their culture and
identity in child development. (Herbert, M., 1991)
2.0 Leading factors and causes of Child Molestation
What could possibly cause someone to suddenly molest a child? The single
greatest cause that drives an adult to sexually interact with a child is a sexual desire for a
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little girl or boy. In general, sexual abusers act because they fit into one of four broad
categories. (Herbert, M., 1991)
As mentioned by Mash, E. J. & Wolfe, D. A., (1999), they are children or
teenagers who are sexually curious or experimenting. Curiosity is a major trait of
humans. Some teens use much younger children to find out about sex because they can
convince these children to take their clothes off. Most teenage experimenters, as they get
older, stop all sexual interactions with children.
They have a medical or mental problem that needs treatment. A few sexual
abusers will sexually touch a child because they are profoundly intellectually disabled, or
they have developed a brain disorder, or they are psychotic. Close supervision and, when
appropriate, medications to control the disorder often stop child molesters in this group.
They are opportunists, who lack feelings for others and who have an anti social
personality disorder. Some abusers will sexually touch a child because they have an anti
social personality disorder. People with this disorder may be social, even glib, they
believe that the rules of society do not apply to them and break many of society's rules.
Essentially, anti socials lack feelings for others. In the mind of an anti social, all of
the rest of society, including children, exist to be used. The child molesters in this group
appear most often in horrific accounts seen on television and in the newspaper. (Mash, E.
J. & Wolfe, D. A., 1999)
They have an ongoing sex drive directed toward children. Abusers who molest
because of an ongoing sex drive directed toward children. Abusers who fall under this
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category and who are 16 years old or older are considered to have the disorder
pedophilia. Abusing teenagers and children who fall under this category and who are
younger than 16 cannot be considered as pedophiles because they do not meet the
diagnostic criterion of being at least 16 years old. An ongoing sex drive directed
toward children or younger children can be identified early by a sex specific physician
or therapist, and then successfully controlled with sex specific therapies and
medication, when appropriate. Treatment from this type of specialist is 87 percent
effective. (Mash, E. J. & Wolfe, D. A., 1999)
3.0 Types of Child Molestation
According to Wikipedia (2008), several of sexual offenses include sexual assault,
a term defining offenses in which an adult touches a minor for the purpose of sexual
gratification; for example, rape (including sodomy), and sexual penetration with an
object. Most U.S. states include, in their definitions of sexual assault, any penetrative
contact of a minors body, however slight, if the contact is performed for the purpose of
sexual gratification.
Sexual exploitation refers to a term defining offenses in which an adult victimizes
a minor for advancement, sexual gratification, or profit; for example, prostituting a
child, and creating or trafficking in child pornography. (Wickham, R. E. & West J., 2002).
Sexual grooming refers to defines the social conduct of a potential child sex
offender who seeks to make a minor more accepting of their advances, for example in an
online chat room. (Wickham, R. E. & West J., 2002).
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4.0 Issues faces by victims of Child Molestation
According to Cattanach, A. (1995), child molestation occurs more often than
realized and victims are terrified to speak out about their experiences. The predator often
threatens that if they tell something terrible will happen to them or their family. The
victims are often guilty of what has happened as well as shameful of the heinous crime.
No matter whom the perpetrator is, the effects on child molestation victims, male and
female, can be severe.
The aftermath of child abuse affects each child differently. No child suffers the
same after effects. Sometimes a child may suffer from one or more aftermath. The sign
for each one varies between each victim. The degree of effects suffered by child sexual
abuse victims can vary, however the effects are similar and can consist of depression,
anxiety, guilt, self-loathing, anger, post-traumatic stress disorder, re-victimization.
(Cattanach, A., 1995).
As mentioned by Cattanach, A. (1995), depression is often a severe aftermath in
child molestation. The trauma of a child being molested is a tormenting, aspect to happen
to a young child. Depression in a young child can become a devastating state. Most
young children cannot handle the side effects associated with depression. Anger is often a
rooted problem with child who has been molested. They are often left angry at the person
who committed the heinous crimes against them. Not only do they find themselves angry
at the predator but the people who are supposed to protect them, fail to do so.
Stated by Cattanach, A. (1995), depression can be linked to with social
withdrawal. Most who suffer from depression do not like to be around others. They tend
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to like dark colors and tend to stay to themselves. A drop in school grades can be quite a
change in your child's school performance. Social withdrawal is a major issue with
victims of abuse. Children, who are molested, develop a sense of trust issues. They find
themselves hard to trust anyone. It seems everyone becomes an enemy of theirs.
The sexual problems have been a frustration for those who have had these crimes
competed against them. Some not all, victims of child abuse, find themselves to be
predators themselves. A child can sometimes grow up to be confused about their own
sexual desires. School performance drops dramatically. The child usually becomes
withdrawn within themselves. The grades drop, and they no longer want to try and
succeed. (Cattanach, A., 1995)
The victims of child molestation often develop eating disorders. The eating
disorder gives them power and control over something in their lives.The self-esteem is
broken, almost beyond repair. A child who suffers from self-esteem issues needs to know
they are loved and wanted. A child who has suffered from abuse doesn't feel loved or
even worth anyone's time. (Cattanach, A., 1995).
Stated by Cattanach, A. (1995), the after effects of child molestation are a life
changing event. The aftermath of molestation tarnishes the child. The innocence of the
child is lost forever the moment abuse occurs. Predators do not understand the effects
their crimes have on their victims.
5.0 Intervention for victims of Child Molestation
5.1 Universal, Selective, and Indicated Preventive Interventions
Universal preventive intervention strategies are designed to reach the
entire population, without regard to individual risk factors and are intended to
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reach a very large audience. The program is provided to everyone in the
population, such as a school or community. An example would be universal
preventive interventions for child sexual abuse, which include sexual abuse
education using school based curriculum for all children within a school district.
(Wickham, R. E. & West J., 2002)
Selective preventive intervention strategies target subgroups of the general
population that are determined to be at risk for child sexual abuse. Recipients of
selective preventive intervention strategies are known to have specific risks for
sexually abuse children and are recruited to participate in the prevention effort
because of that groups profile. Examples of selective preventive intervention
programs for sexually abused children include special groups for children of
sexually abused parents or families and mentoring programs aimed at children
with school performance or behavioral problems. (Wickham, R. E. & West J.
(2002)
According to Wickham, R. E. & West J. (2002), indicated preventive
interventions identify individuals who are experiencing early signs of children
being sexually abused and other related problem behaviors associated with sexual
abuse and target them with special programs. The individuals identified at this
stage, though experimenting, have not reached the point where clinical diagnosis
of sexual abuse can be made. Indicated prevention approaches are used for
individuals who may or may not be sexually abuse but who exhibit risk factors
such as school failure, interpersonal social problems, delinquency, and other
antisocial behaviors, and psychological problems such as depression and suicidal
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behavior, which increases their chances of developing a problem. In the field of
sexual abuse, an example of an indicated preventive intervention would be a
sexual abuse program for school students who are experiencing a number of
problem behaviors, including truancy, failing academic grades, suicidal ideation,
and early signs of sexual abuse.
5.2 An Ecological Approach
Treatment of child sexual abuse is a complex process. According to
Dishion & Stromshak (2007), most intervention methods are often derived from
adult models. This is sometimes inadequate and unsuccessful for children as they
are different from adults. Therefore, effective interventions for children and
families especially those who have gone the traumatizing experience of child
molestation must be developmentally sensitive and appropriate to their very needs.
The ecological model of intervention is an empirically based, assessment driven
and family centered intervention. This six uniquely featured intervention model
setting it apart from other child and family intervention model can be delivered in
mental health clinics or community settings such as schools, halls and religious
centers for examples mosques, churches or temples.
As mentioned by Dishion & Stromshak (2007), the ecological approach
intervention is based on an empirical model of child and adolescent
psychopathology in general and behavior problems in particular. These types of
empirical model intervention are effective in reducing behavioral problems and
emotional distress.
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In an ecological approach, child and family intervention are family
centered. Interventions dealing with adolescent and children attempt the
engagement of caregivers and family members as optimum as possible, even
though multiple systems are targeted such as schools and centers, it is assumed that
change will be more enduring if caregivers and family members are involved in the
intervention process. (Dishion & Stromshak, 2007)
Assessment driven is also an aspect of an ecological approach of
intervention. According to Dishion & Stromshak (2007), the approaches for
intervention with children and adolescents are usually eclectic, this means that the
practitioners decided on the basis of clinical judgments, what intervention to use
with a specific patient. Intervention decisions are made on the basis of a
comprehensive, objective, and psychological assessment of the child, family, and
other relevant environments.
5.3 Trauma Focused Cognitive Behavioral Therapy
As mentioned by Rapp-Paglicci, L. A., Dulmus, C. N. & Wodarski, J. S
(2004), abused informed therapy such as Trauma Focused Cognitive
Behavioral Therapy treat negative emotional and behavioral responses and correct
maladaptive beliefs and attributions related to abusive sexual experiences while
providing support and skills to non offending parents to respond positively to their
child.
This approach targets children and parents and consists of six components;
education about sexual abuse, facilitation of the abuse related feelings,
identifying and correcting distorted or maladaptive cognitions, teaching anxiety
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management skills, teaching self protection skills, and interventions directed at
managing problematic behaviors associated with abuse. This form of intervention
focuses on the conditioned emotional associations to memories and reminders of
the abuse, distorted cognitions about the events, and negative attributions about
self, others and the world. Non offending parents are taught to be supportive, to
reduce their own stress, and cognitive behavioral strategies to manage the childs
reactions. Over a period of 12 16 weeks of individual, family and group sessions
are conducted in offices and school setting. (Rapp-Paglicci, L. A., Dulmus, C. N.
& Wodarski, J. S, 2004)
5.4 Play Therapy
According to Cattanach, A. (1995), play is the central experience for children in
helping make sense of the world around them and their place in it. As they grow and
develop, children uses play as a medium to interpret their self and the world around them.
It is the centrality of the experience of play as the childs mode of creative expression that
makes it a dynamic form of therapy for those children who have been abused.
As stated by Cattanach, A. (1995), play is often underestimated and seen as not
important and serious merely because the word encompasses activities not defined as
work and also perhaps of its centrality for the child, adults undervalue childish things.
However, play is of great value and vital importance as a way in which individuals learn
how to value ones self. Through playing, individuals can imagine other possibilities and
ways of being and by doing so, develops ones capacity to be creative. Various scholars
such as Carl Jung, Friedrich Schiller, Herbert Spencer, Karl Groos, J. S. Bruner, Lev
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Vygotsky, Jean Piaget, and many more has emphasized the important of play in the
theories and work.
Play therapy is a method used as treatment for the sexually abused child instead of
an investigative procedure. Children who come for play therapy experience a variety of
problems related to the sexual abuse such as nightmares, difficulties in sleep and school,
enable to make friends, feeling of guilt, worthlessness, lonely, isolated and betrayed.
They need direct information about what has happened to them. Help them understand
about their body boundaries, what are good touches and what are bad touches.
Age appropriate sex education helps them have a good understanding of sexual
abuse and the trauma that they have gone through. Play therapy gives the children the
space to come to terms as best as possible with the stress and the trauma that they have
gone through.
6.0 Social Institutions related to Child Molestation
6.1 UNICEF
UNICEF is working with the Government of Malaysia to ensure a
protective environment for all children free from violence, abuse and
exploitation. Our 2008 2010, program is focused on establishing an effective
social and legal protection system through:
1. advocacy for child protection rights;
2. technical assistance and capacity enhancement;
3. applicable research and analysis;
4. public information and dissemination.
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The program is designed to assist policy makers and partners to better
understand the situation and extent of child injury and contributing risk factors.
Initiate preventive measures against child injuries, abuse and neglect,
sexual exploitation and trafficking of children, including awareness raising at
local level, and education and training opportunities for children and young
people at-risk.
Develop and strengthen comprehensive monitoring and reporting systems
for child abuse and sexual exploitation at national/state/district levels.
Facilitate effective partnerships with Government, NGOs, faith-based
organizations, universities and research institutions, the media and the private
sector to strengthen the protective environment for children in Malaysia.
Design and test program models which if successful could be replicated
nationwide.
6.2 Talian Nur
Realize the flaws in the society today the authorities have taken positive
obliged by launching talian nur. Talian nur acts as a call center that receives
all sorts of questions regarding this matter, complaints and assistance by phone
from the community.
It was established on December 5 2007, after nearly 4 years of its
inception, the community started to become sensitive to what is happening around
them after online campaign last nur enlarged enlarge each state.
Recent statistics obtained show talian nur has received thousands of
calls related assistance, complaints and inquiries from the general public.
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6.3 Befrienders
Befrienders are refers to an organization that people call who need
emotional support. Others may be frightened, angry, sad, lonely or depressed.
Callers talk to about their families, their jobs, their personal relationships, money
problems, sickness, depression and school concerns and etc. Everything that is
being told confidential within The Befrienders and no records are being kept.
In 1970, a group of pioneer Malaysians was concerned about the
emotional well being of the community after the occurrence of communal riots on
the 13th May 1969. With the assistance of professional psychiatrists and
psychologists from University Hospital, Kuala Lumpur, The Befrienders KL was
established.
The Befrienders, a non profit organization, is modeled after Samaritans,
a movement started in London in 1953. Since then, the movement has spread to
about 40 countries and now has 300 centers around the world.
7.0 Acts, Policies and Laws against Child Molestation
7.1 Act 611 Child Act 2001
According to Wikipedia (2013), the Child Act 2001 is a law which served
to consolidate the Juvenile Courts Act 1947, the Women and Young Girls
Protection Act 1973, and the Child Protection Act 1991. It was enacted partially in
order to fulfill Malaysia's obligations under the United Nations Convention on the
Rights of the Child.
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However, it retains the option of corporal punishment for child offenders.
In December 2004, members of the legal community suggested that the law
needed review, despite its newness, in order to clarify its criminal
procedures. One example of the Act's un-clarity was brought to light in a 2007
case involving a 13-year old convicted of murder. Under Section 97(1) of the
Act, capital punishment may not be applied to children; Sections 97(2), 97(3), and
97(4) make provisions for alternative punishments for offences which would
result in the death penalty if committed by adults, namely detention at the
pleasure of the Yang di-Pertuan Agong. However, Section 97(2) was overturned
by the Court of Appeal in July 2007 on the grounds that it violated
the Constitution of Malaysia's doctrine of separation of powers, leading to the
situation that no punishment at all could be rendered. (Wikipedia, 2013)
The Act was meant to give further protection to a child offender. There are
however a number of shortcomings missing from the Act. Besides the uncertainty
of detention period under Section 97, another omission is the maximum length of
the remand order. For an adult offender, Section 117 of the Criminal Procedure
Code provides for a maximum of 14 days remand. Section 84(2) of the Child Act
simply allows the court to make a remand order without prescribing the maximum
length of remand. This problem was subsequently remedied in a 2003 case which
held that the Criminal Procedure Code would govern the remand period of a child.
(Wikipedia, 2013)
With regards to the trial procedure, an adult accused has the option to give
sworn evidence, unsworn evidence, or remain silent. The Child Act does not
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provide for any right to remain silent. Section 90(9) merely allows the child to
give sworn or unsworn evidence. (Wikipedia, 2013)
7.2 An Ethical Imperative
As mentioned by UNICEF Malaysia (n.d.), Childrens rights to protection
from violence, abuse and exploitation are clearly laid out in the Convention on the
Rights of the Child (CRC), reflecting a basic human consensus that a world fit for
children is one in which all children are protected.
7.2.1 Article 4 (Protection of Rights)
Governments have a responsibility to take all available measures to make
sure childrens rights are respected, protected and fulfilled. When countries ratify
the CRC, they agree to review their laws relating to children and to take all
necessary steps to ensure the CRC's minimum standards are met. This involves
assessing their social services, legal, health and educational systems, as well as
levels of funding for these services. (UNICEF Malaysia, n. d.)
7.2.2 Article 19 (Protection from all forms of Violence)
Children have the right to be protected from being hurt and mistreated,
physically or mentally. Governments should ensure that children are properly
cared for and protect them from violence, abuse and neglect by their parents, or
anyone else who looks after them. In terms of discipline, the CRC upholds
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that any form of discipline involving violence is unacceptable. (UNICEF
Malaysia, n. d.)
7.2.3 Article 34 (Sexual Exploitation)
Governments should protect children from all forms of sexual exploitation
and abuse. This provision in the CRC is augmented by the Optional Protocol on
the sale of children, child prostitution and child pornography. (UNICEF Malaysia,
n. d.)
7.2.4 Article 35 (Abduction, Sale and Trafficking)
Governments should take all measures possible to make sure that children
are not abducted, sold or trafficked. This provision in the CRC is augmented by
the Optional Protocol on the sale of children, child prostitution and child
pornography. (UNICEF Malaysia, n. d.)
7.2.5 Article 36 (Other forms of Exploitation)
Children should be protected from any activity that takes advantage of
them or could harm their welfare and development. (UNICEF Malaysia, n. d.)
7.2.6 Article 39 (Rehabilitation of Child Victims)
Children who have been neglected, abused or exploited should receive
special help to physically and psychologically recover and reintegrate into society.
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Particular attention should be paid to restoring the health, self-respect and dignity
of the child. (UNICEF Malaysia, n. d.)
7.2.7 Article 41 (Respect for superior national standards)
If the laws of a country provide better protection of childrens rights than
the articles in the CRC, those laws should apply. (UNICEF Malaysia, n. d.)
8.0 Social Workers Role dealing with Child Molestation Cases
Although parents have the primary responsibility for safeguarding their children,
statutory and voluntary agencies, relatives, friends and neighbors also have
responsibilities. Everyone can help to safeguard children if they are alert to childrens
needs, and willing and able to act if they have concerns about their welfare. Social
workers take a lead role in:
responding to children and families in need of support and help
undertaking enquiries following allegations or suspicion of abuse
undertaking initial assessments and core assessments as part of the Assessment
Framework
convening strategy meetings and initial and subsequent child-protection
conferences
court action to safeguard and protect children
coordinating the implementation of the child protection plan for children on the
child protection register
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looking after and planning for children in the care of the council
ensuring that looked-after children are safeguarded in a foster family, children's
home or other placement.
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