02-05-2025
NGOs call for stronger survivor-centric support for domestic abuse victims
In this final part of a series on domestic violence, NAJIHAH BORHAN speaks to organisations helping survivors and the brother of a victim of domestic violence
KUALA LUMPUR: Non-governmental organisations (NGOs) want the government to strengthen survivor-centric responses across the board to ensure that survivors of domestic abuse receive consistent protection and support.
Women's Aid Organisation (WAO) advocacy officer Tamyra Selvarajan said existing frameworks were still inadequate to effectively address and assist survivors of domestic violence and intimate partner violence (IPV).
She said Malaysian laws must also be more comprehensive in addressing the full spectrum of abuse, including emotional, psychological and sexual abuse within marriages.
Citing Section 375 of the Penal Code on rape, she said any man who is legally married to a woman and forces sexual intercourse on her is not by law considered to have raped her.
"Implementing (a change in) legislation (to make rape an offence in marriage would) reinforces the idea that the survivor is never at fault and that all forms of abuse should be taken seriously," she said.
Section 375 of the Penal Code defines rape as a man having sexual intercourse with a woman against her will or without her consent, but does not include wives.
The code, however, does offer some protection to wives as Section 375A makes it an offence for a husband to hurt or cause his wife to fear death in order to have sexual intercourse.
However, Tamyra said abuse affected not only married couples but also intimate partners, referring to both current and former spouses and dating partners where abuse or aggression occurred in a romantic relationship.
"The Domestic Violence Act does protect women who are abused by their married partners, as well as protection within families.
"However, the Act does not encompass those who are victims of IPV, which impacts unmarried couples. (This is) why it needs to be included in the existing Act," she said.
Tamyra said while there were other laws that offered some protection to unmarried individuals facing abuse, these measures were not sufficient.
She added that sometimes the justice system failed survivors, with some police reports resulting in cases being classified as "No Further Action" (NFA).
When this happens, WAO works with survivors to explore other options, including legal avenues to obtain interim protection orders or appealing case classifications to the authorities.
"However, it is not just the responsibility of NGOs like WAO to support survivors of violence. There must be strengthened survivor-centric responses across the entire justice system to ensure we do right by survivors," said Tamyra.
She also highlighted inconsistencies in the way support services were implemented, citing WAO's experience in managing cases and findings from a 2025 United Nations Population Fund (UNFPA) report.
According to the report, a lack of clarity and inconsistent application of standard operating procedures (SOPs) at one-stop crisis centres in hospitals severely hampers survivors' access to crucial services.
"So, the SOPs exist, but whether they are adhered to and how they are implemented in each hospital varies.
"This can have a serious detrimental impact on survivors who, in times of crisis, require predictability and consistency in accessing such services."
A WAO survey found that about a third of Malaysians still blame women for the violence they experience.
Tamyra also pointed out the urgent need for additional support systems for survivors, such as more safe spaces, shelters and socioeconomic empowerment initiatives.
While WAO operates a shelter that provides holistic support and empowerment to survivors, she stressed that it should not be left solely to NGOs to provide such services.
"For example, WAO has a shelter that provides support and empowerment to survivors. Existing governmental services should also be improved to accommodate survivors better.
"Shelters that are established by (the Social Welfare Department) often do not provide adequate support for survivors of domestic violence and IPV.
"Not only that, but there is also a lack of support for survivors of IPV and marital rape. There needs to be improved support for survivors."
Ooi Say Tee, the manager of the Women's Service Centre — a smart partnership between Women's Centre for Change and the Penang government — said victims of domestic abuse not only suffered immediate threats to their safety, but also endured long-term trauma and systemic gaps in protection.
"In the short term, victims of domestic abuse often face immediate threats to their safety, such as having no safe place to stay, sustaining injuries, experiencing fear and being in life-threatening situations.
"In the long term, the impact can be even more devastating, including mental health issues like depression, post-traumatic stress disorder and anxiety, as well as the continued lack of a safe home," she said.
Commenting on existing laws, Ooi said current punishments for domestic abuse offences remained inadequate.
She said under Section 323 of the Penal Code, whoever voluntarily causes hurt would be punished with imprisonment for up to a year, or a fine of up to RM2,000, or both.
Section 323 applies to those who intentionally cause harm to another person, but does not necessarily involve the use of weapons or the causing of grievous hurt.
"The punishment is very light and does not reflect the severity of the harm caused by domestic violence.
"Because of this, some victims may choose not to pursue the case in court because of the hassle they have to go through and yet the punishment is not comparable to the impact they have suffered," said Ooi.
