Women’s Aid Organisation (WAO) has been closely monitoring the Acacia Diana case.
While the outcome was not as expected, we recognise the government’s commitment to investigate cases of stalking under Section 507A, and we urge for a survivor-centric approach within the legal framework.
The trial marked a critical moment in our legal system’s response to stalking.
The investigation, conducted over a span of five months, underscores the gravity and complexity of such incidents.
According to the charge, the perpetrator used multiple X accounts under various handles, and had repeatedly harassed Acacia.
He had also sent sexually explicit videos and followed her to the United Kingdom. The entire ordeal went on for eight years.
While the specifics of this case may have certain nuances, the broader message to the public and survivors is that stalking is unequivocally a crime, and that stalkers can be prosecuted.
In this particular instance, though the stalker was not imprisoned but institutionalised (through Section 308 of the Penal Code and Section 84 of the CPC), it signifies a commitment to holding perpetrators accountable and sends a strong message of deterrence to potential stalkers.
In light of this, WAO reiterates the critical need for a deeper understanding of stalking among the legal fraternity and authorities alike.
The Burden Of Proof And Reporting Challenges
This case is not the only incident as many survivors of stalking have taken to social media to report their experiences, including those of continuous behaviours of stalking and whose stalkers are anonymous, especially with the increasing prevalence of such cases as seen on social media platforms.
In such cases, the burden of proof in stalking cases, as exemplified by Acacia’s experience and that of many others, poses a significant challenge for survivors in reporting and providing evidence, especially when dealing with anonymous perpetrators.
WAO underscores the imperative for a deeper understanding of the impact of stalking on survivors, advocating for increased resources to manage and provide psychiatric support for addressing mental health concerns.
It is also important to have guidelines on the role of mental health in cases of stalking as it often involves obsession and delusional behaviour.
One third of Malaysians have experienced stalking, with more than half having experienced acts of stalking by strangers and acquaintances.
More than 90 per cent of them were women, representing a striking majority.
In order to ensure the anti-stalking laws are truly effective in protecting survivors, access to justice processes must be survivor-centric.
We urge the following:
- Ongoing nationwide awareness campaigns that reflect the lived realities of survivors to ensure survivors know that stalking is a crime.
- Adequate training to recognise stalking as a serious violation with severe impact and consequences as well as resources for all relevant agencies. This includes police officers, social welfare officers, prosecutors, the judiciary and other frontliners, to ensure they are equipped to respond to cases.
- Publicly accessible information on reporting stalking including protection order (PO) processes.
- Provision of protection order (PO) from perpetrator extending beyond investigation and trial.
We look forward to continuing our work with the many stakeholders who have worked on this effort, including ministers, ministries, government agencies, members of parliament, women’s groups, civil society groups, affected persons, media, influencers, the public, and others, towards making Malaysia a safer place for all.
For further advice, you can contact the WAO Hotline at 03-3000 8858 or SMS/WhatsApp TINA at 018-988 8058. If you are being stalked and are fearful for your safety, reach out to the police at 999 or make a report at the nearest police station.
Since 1982, Women’s Aid Organisation has provided free shelter, counselling, and crisis support to women and children who experience abuse.
- This is the personal opinion of the writer or publication and does not necessarily represent the views of Ova.
