SEVERAL factors should be considered before charging a teenage rape victim with murdering her own baby boy shortly after birth.
Human rights groups believe the psychological state of the 15-year-old should be taken into account.
The charge on Feb 15, they said, added to her mental trauma after being put through a series of harrowing events, including having to carry the child to term in secret.
Psychologist Associate Professor Dr Mohd Awang Idris said if the law was working in prosecuting the girl for stabbing a newborn, it should also work for the person who made her pregnant.
He told the New Sunday Times yesterday that apart from reconsidering her charge, the prosecution could reconsider approving her bail plea.
"The girl had gone through the traumatic experience of being raped and then carrying a baby.
"Theoretically, it seems like a prompt decision that she took to stab the newborn.
"Her actions are textbook (examples of) depression development, where it takes a minimum of nine months for someone to develop the symptoms and act on it, whether they killed a person or committed suicide.
"In her case, the authorities should return to the root of the problem, resolve it, including capturing the man who raped and impregnated her, and intervene early for her mental health," he said.
He added that the authorities and society should begin viewing depression as a serious illness.
"Sure, we have much awareness on mental illness these days, and people have started to seek help when they feel something is amiss with themselves.
"But some sectors of our society still believe that depression is a myth and not an illness. It isn't, and we should start accepting and destigmatising that."
He said earlier intervention from family members and having an accepting society could have prevented the victim from committing the act.
"She is only 15 years old, after all. The girl should not be considered a criminal. She clearly needs help. The authorities should consider that and help her instead," he said.
Women's Aid Organisation head of campaigns Abinaya Mohan said the outcome of the case was upsetting, which points to a systemic failure to protect girls and women on many fronts.
"The fact that the victim had dropped out of school due to lack of access to online learning during the Covid-19 pandemic is also critical. It is a direct and devastating human consequence to the failure of ensuring educational access during a pandemic," she said.
Abinaya said there were 41,083 teen pregnancies between 2017 and 2021, which had severe and long-lasting consequences for girls, including a perpetuated cycle of poverty, child marriage and an increased vulnerability to abuse.
She said the victim was a child sexual abuse survivor, and the government owed her access
to psychosocial support, healthcare and free legal aid in accordance with the Child Act 2001 (Act 611).
"There must be intervention as denial of bail is in conflict with legal provisions in the Penal Code that will allow her to be released.
"The case must proceed with the best interest of the child at its core, in alignment with Malaysia's commitment to the Convention on the Rights of the Child (ratified in 1995).
"We cannot put her mental and physical health at risk, nor allow her to forego her future simply because the state failed to implement safeguards for survivors of sexual violence.
"There needs to be compassion and a better understanding of the events that led to this outcome."
Abinaya said society and authorities must recognise the fear and social stigma surrounding rape and sexual abuse, which had hindered survivors from seeking help.
"There isn't enough support and protection for our girls. A thorough evaluation of welfare structures and resources for girls who need them most is necessary.
"There must be an urgent improvement in governmental support services and first-responder systems to create a safe space for survivors, particularly child survivors of violence, regardless of citizenship.
"Most importantly, we need to always believe survivors and empower them to share their truth." - NST
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.