DOMESTIC VIOLENCE & ITS EFFECT

ON CHILDREN

BY VICKY ALAHAKONE ALAHAKONE & ASSOCIATES

MALAYSIA.

Child Protection Acts & Policies in Malaysia• Child Act 2001 • Domestic Violence Act 1994• Penal Code • Evidence Act - 1950• Criminal Procedure Code (CPC)• Evidence of Child Witness Act 2007• Convention of the Rights of Children (CRC)• National Child Protection Policy (NCPP)• National Policy on Children• National Policy on reproductive plan & social

education.

Domestic Violence Defined

When a child has been:• Physically injured• Emotionally injured• Sexually abused

Physical Injury

• Rupture of viscus • Scalding • Burns• Loss of Consciousness• Loss of Hair• Loss of Teeth

• Laceration • Contusion• Abrasion• Fracture• Dislocation• Sprain• Haemorrhaging

A result of non accidental application of force on Child’s Body

Emotional Injury

• Mental or behavioural disorder • Anxiety• Depression• Withdrawal• Aggression• Late Development

Observable Impairment of Child

Sexual Abuse

• Pornographic • Publication of Indecent

Materials• Obscene Photographs• Obscene recording • Sexual exploitation for

another persons sexual gratification

Participating or observing activities which are sexual in nature :

• During custody battles• Brain washing• Child Put in fear of loss on one parent• Child put in fear of physical violence

Common Cause of Emotional Abuse

Events After Disclosure

• Dysfunctional Family• Lack of parental support

(Disbelief, Denial, Secrecy, Rejection)• Giving testimony against the abuser• Post traumatic stress disorder

Attitude Towards Self & Others

• Negative self concept• Ambivalence to non offending parent• Sense of powerlessness• Expectation of betrayal• Threat to family integrity• Depression/aggression/ sexual problems• High drop out rate• Delayed development• Indifference/disassociation • Disruptive or impulsive behaviour• Withdrawal• Anxiety Attack• Mental Behavioural Disorder

National Child Protection Policy 2009• Setting up of 24 hour Helpline (Talian Nur-15999)

Pros• Attend to calls from

adults only.

• Members of public able to report child abuse cases directly to authorities.

• Toll Free Line.

• Calls streamed and referred directly to Social Welfare Department.

Cons• Operators not trained

to handle distress calls.

• Callers will be referred to relevant NGOs & Social Welfare Department.

• Too many prank calls.

National Child Protection Policy 2009• Setting up of 24 hour Helpline (Child Line -

15999)

Pros• Operators trained to

handle calls from children.

• Calls are Toll Free.

Cons• Operators are para-

counsellors – need to refer calls to relevant child protectors.

• Too many prank calls

National Child Protection Policy 2009• Setting up of 24 hour (Nur Alert – By Subscription Only.)

Pros • Royal Malaysian Police

disseminates the alerts to the government & Non government agencies.

• Members who have subscribed will be notified immediately.

• Missing children go viral.

Cons• Only members who

have subscribed will be alerted.

• Public not aware and educated on the difference between Talian NUR and NUR-Alert.

• Not many subscribers.

• Only 5 reported cases on NUR Alert.

Data of Child Abuse 2009- 2011

Data of Child Abuse by Ethnic & Sex

Inter Agency Organizations

• One stop crisis centres• Children’s Homes• Child protection Teams• Child Activities Centres• Child Interview Centres

One Stop Crisis CentrePros Cons

• One centre for victims of abuse and rape to receive help from the medical, police & social welfare departments.

• Delay in investigation• Medical reports not available

immediately • Shortage of welfare officers,

therefore victims lack counselling services.

• No protection given to victims once discharged from hospital.

• Admitted child exposed to other children who are admitted and undergoing different psychological programs.

• Lack of One Stop Crisis Centres in all states & towns especially rural areas.

Children’s HomesPros Cons

• Established to provide safety for victims of violence.

• Partnership projects between corporate bodies & welfare departments.

• Temporary shelter for children.

• Homes over crowded.• Children left in care of

untrained personnel. • Children exposed to

various psychological issues suffered by other children.

• Lack of funds and financing by the government.

• Lack of trained resident counsellors.

Child Protection Teams

Pros Cons

• Set up at State & District Levels in high risk areas.

• Enables community to implement preventive & rehabilitative programs.

• Builds awareness among public and involves volunteers

• Lack of volunteers.• Insufficient Training

provided.• No support system

from authorities to back up teams.

Child Activities Centres

Pros Cons• Centre for children to

collect and meet• Carry out creative,

recreational and sports, and support services for families.

• Handles social problems such as child abuse, neglect, truancy, delinquency, and drug abuse

• Lack of trained personnel to manage centres.

• Lack of activities.• Stigma to be seen

participating or actively involved in the activities in these centres.

Child Interview Centres

Pros Cons

• Managed by the Royal Malaysian Police to take statements, video recordings & collect evidence from child victims and witnesses.

• Need to train and sensitise police towards children when taking evidence.

• Delay in undertaking interviews with children.

Child Victims in the Malaysian Courts

• Child victims devoid of legal assistance during court proceedings.

• Lack of protection provided to victim and families, pending proceedings.

• Children not familiarized with court proceedings prior to trial.

• No provision for lawyers to represent children in court proceedings.

• Children not familiar with court and proceedings.• No party to liaise with police on behalf of child.• Lack of advice for children.• No appointment of child advocate/friend to

accompany child to court. • Watching brief for family of child. Limited role for

lawyer during proceedings.

Child Representation in the Malaysian Court

Burden on Child• Preparation of child to give evidence in

court.• Attendance in court with accused.• Effects of cross examination on child.• Consequences of court postponements on

child.• Delayed trials.• Need for child to recount incident until trial

is over.

The Protectors• Police Officers• Doctors• Welfare Officers • Parents • Guardians• Foster Parents• Psychologists/ Psychiatrists• No Lawyers

Role of Magistrates• Ensure safety of child victims and witnesses.• Cases given priority hearings.• Facilitate evidence of child to be taken via video

link/ separated by a screen/ other arrangements.• Sensitised to needs of children.

Inter Agency Collaboration

• Need for relevant authorities to collaborate to assist victims.

• Need for centres to be set up in rural areas.• Cooperation required between agencies.• Authorities to protect and place the needs of the

children above other unconditionally.