Sexual harassment is a problem for the Malaysian Bar, with one in three lawyers in Kuala Lumpur and Selangor having experienced it, according to the Association of Women Lawyers (AWL).
Speaking to Malaysiakini, AWL president Sheena Gurbakhash said a baseline survey conducted by the association in 2014 found that 31 percent of the respondents experienced “some sexual propositions and gender-based issues.”
This, she added, included “various forms of suggestive remarks to suggestive invitations and includes physical harassment”.
Sheena cited the study in response to a police report lodged by a lawyer on Sunday, alleging that another lawyer had groped her at the Criminal Lawyers Annual Party (Clap) the night before.
The complainant claimed that the man groped her behind and did it again even after she told him off. She alleged that the suspect then followed her and threatened her after the groping incident.
It is understood that she would also lodge a complaint with the Bar Council disciplinary committee.
She is also receiving legal and counselling support from AWL and the Gender Equality and Diversity Committee of the Kuala Lumpur Bar.
Many unaware of Bar Council's code against sexual harassment
Sheena said sexual harassment does not happen to women lawyers alone, as their male counterparts surveyed revealed facing similar problems as well.
This is taking place despite the Bar Council issuing a circular in 2007 on a code of practice to prevent sexual harassment at work, she added.
AWL's survey found that only 45 percent of the respondents were aware of this code of practice, while less than 40 percent of law firms have policies and mechanisms to address the issue.
“Sexual harassment, particularly in a professional context, has the effect of undermining the victim, both personally and professionally, and has far-reaching mental, social and psychological effects.
“This is particularly so when the victims are young and at the start of their career,” Sheena said.
No complaints lodged since 2007
Former Kuala Lumpur Bar chairperson Goh Siu Lin said despite the Bar Council's mechanisms against sexual harassment, there have been no complaints lodged since the circular was issued in 2007.
“There may be several reasons for this. One is fear of repercussion in their careers. There may be a backlash on the complainant.
“There have been instances in the past where survivors have contemplated leaving the legal profession entirely,” she added.
Goh said that survivors also face victim-blaming and challenges surmounting power imbalances.
In the most recent case, the complainant had been condemned for posting about the incident on social media.
Organisers of Clap, where the groping allegedly took place, also implied that the complainant had circulated copies of her police report which named the suspect.
The police report is believed to be circulating via messaging application WhatsApp.
“While we do not know who initially sent out the same, as criminal lawyers we are aware that only the complainant has the right to a copy of her report.
“This clearly was done so that the identity of the suspect was revealed to the public,” Clap organiser N Sivananthan said in a statement.
Sivananthan also noted that there were allegations of an attempt to cover up the incident. The senior lawyer described this as “yet another attempt to solicit sympathy and support.”
A manifestation of a violent society
Senior human rights lawyer Honey Tan agreed that it is not uncommon for criminal lawyers to be subjected to sexual harassment.
However, she said it is not a problem confined to the legal profession or just in workplace settings.
“Sexual harassment happens every day, everywhere, be it on the streets or in public transportation, or when you're queuing in a public place. It's everywhere.
“What happened (in the recent case) is a just a manifestation of a culture of violence that many of us in Malaysia may find quite acceptable,” Tan added.
She said this case might capture public attention because it involves members of the legal fraternity, but “things happen to lawyers and when they do, they happen to us as humans”.
Tan said while it is important to have laws to protect individuals from sexual harassment, a cultural shift, however, is equally important.
“It is not just the responsibility of the Women’s Ministry but the Ministry of Transport, Home Ministry, Human Resources Ministry, Education Ministry and so on to educate against sexual harassment,” she added.
Proposed new Act
On the legal front, women's groups, including the AWL, are already working to enact a Sexual Harassment Act.
There is also a proposed new Act to govern the legal profession, which specifically includes “sexual harassment” as a form of professional misconduct.
The proposed new Act was submitted in January 2019 and is currently with the Attorney-General’s Chambers.
Goh said the fact that the proposed Act is pending should not stop survivors from lodging complaints of misconduct if a lawyer commits sexual harassment.
Ultimately, she said, survivors need to be supported to lodge complaints and the culture must shift to ensure acts of sexism and sexual harassment are not condoned.
“It starts with each and every one of us. We need to strive towards creating a safe culture of respect," Goh added. - Mkini
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