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GREY RAINBOWS

VICTEMS OF CHILD MOLESTATION

1.0 Introduction

Violence against children refers to physical and mental abuse as well as injury,

neglect, exploitation and sexual abuse. Tragically, children experience violence in all

spaces most familiar to them: in homes, schools, parks and communities they live in.

They also suffer abuse in orphanages, on streets, in the workplace, in cyberspace as well

as in places of detention.

Like in most countries, only extreme child abuse and neglect cases are reported in

Malaysia, often involving tragic elements of disturbing injuries, sexual abuse or even

death. International experience suggests that reported cases are likely to represent only

10% of total cases perpetrated as most victims and their families remain too ashamed or

unable to report the violations against them. Violence affects childrens physical and

mental health, impairs their ability to learn and socialize, and undermines their

development as functional adults and good parents later in life. In the most severe cases,

violence against children can also lead to death. The causes of violence against children

are complex. Family breakdown, stress, chronic poverty, unemployment, mental health

disorders, substance abuse, homelessness, community violence and lack of quality

parental time contribute to cases of abuse and neglect of children.

September 16th 2007, Malaysia was shaken by the death of eight years old Nurin

Jazlin Jazimin who was reported to have been molested and brutally killed. Not long after

that, Malaysia was yet again shaken by horrifying news of the kidnapping and of

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Sharlinie Mohd Nashar. Not long after that again Malaysia was devastated by images of

what had happened to Nurul Nadhirah Abdullah, another victim of child molestation.

Malaysia has been haunted by unwanted cases of child molestation since early 2000

when we were first introduced to such issues with the sad story of Norshuada Burok, a 6

years old victim of child molestation. (Wan Muhammad Hazem, 2012)

As mentioned by WHO, it is estimated that 150 million girls and 73 million boys

under 18 years of old has experienced forced sexual intercourse or other forms of sexual

violence involving physical contact. A study conducted by The United Nations Secretary-

General's Study on Violence against Children (2006), mentioned that sexual violence can

have serious short term and long term physical, psychological and social

consequences not only for girls or boys, but also for their families and communities. This

includes increased risks for illness, unwanted pregnancy, psychological distress, stigma,

discrimination and difficulties at school.

Before discussing more on this matter we must first define the meaning of a

child and child molestation.

1.1 What is Child Molestation?

According to The Oxford English Dictionary, a child means a person

between birth and full growth; a boy or girl, a son or daughter, a baby or infant.

As mentioned by The Free Dictionary by Farlex, child molestation is a crime

involving a range of indecent or sexual activities between an adult and a child,

usually under the age of fourteen. Defined by psychiatric terms, these acts are

sometimes referred to as pedophilia. It is important, however, to keep in mind that

child molestation and child sexual abuse refer to specific, legally defined actions.

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They do not necessarily imply that the perpetrator bears a particular psychological

motive. For example, not all incidents of child molestation are perpetrated by

pedophiles; sometimes the perpetrator has other motives for his or her actions and

does not manifest an ongoing pattern of sexual attraction to children. Thus, not all

child molestation is perpetrated by pedophiles, and not all pedophiles actually

commit child molestation.

1.2 What is a Pedophile?

A pedophile is a person who has a sustained sexual orientation toward

children, generally aged 13 or younger. Not all pedophiles are child molesters or

vice versa. Child molesters are defined by their acts; pedophiles are defined by

their desires. Some pedophiles refrain from sexually approaching any child for

their entire lives.

Pedophiles can be anyone; old or young, rich or poor, educated or

uneducated, non-professional or professional, and of any race. However,

pedophiles often demonstrate similar characteristics, but these are merely

indicators and it should not be assumed that individuals with these characteristics

are pedophiles. But knowledge of these characteristics coupled with questionable

behavior can be used as an alert that someone may be a pedophile.

Often the pedophile is male and over 30 years of age with single or with

few friends in his age group. If married, the relationship is more "companion"

based with no sexual relations. The pedophiliac is often vague about time gaps in

employment which may indicate a loss in employment for questionable reasons or

possible past incarceration.

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1.3 Child Development

According to Herbert, M. (1991), at one time, children were seen as a

smaller version of an adult and not very different from one another but as time

changes, so did the perception towards children. Biologically a child refers to a

human between birth and puberty but psychologically a child differs greatly from

an adult making children very unique. As the child develops it social skills they

broaden their social horizons and become more engaged with those around them.

As children grow their past experiences will shape who they are, allow them to

perceive the world in their own way. This helps a person go through everyday life.

Developmental changes such as biological, psychological and emotional

may be strongly influenced by genetic factors and events during prenatal life.

These changes may occur as a result of genetically controlled processes known

as maturation, or as a result of environmental factors and learning, but most

commonly involves an interaction between the two. It may also occur as a result

of human nature and our ability to learn from our environment. Human beings

have a keen sense to adapt to their surroundings and this is what child

development encompasses. Every child would struggle to find their culture and

identity in child development. (Herbert, M., 1991)

2.0 Leading factors and causes of Child Molestation

What could possibly cause someone to suddenly molest a child? The single

greatest cause that drives an adult to sexually interact with a child is a sexual desire for a

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little girl or boy. In general, sexual abusers act because they fit into one of four broad

categories. (Herbert, M., 1991)

As mentioned by Mash, E. J. & Wolfe, D. A., (1999), they are children or

teenagers who are sexually curious or experimenting. Curiosity is a major trait of

humans. Some teens use much younger children to find out about sex because they can

convince these children to take their clothes off. Most teenage experimenters, as they get

older, stop all sexual interactions with children.

They have a medical or mental problem that needs treatment. A few sexual

abusers will sexually touch a child because they are profoundly intellectually disabled, or

they have developed a brain disorder, or they are psychotic. Close supervision and, when

appropriate, medications to control the disorder often stop child molesters in this group.

They are opportunists, who lack feelings for others and who have an anti social

personality disorder. Some abusers will sexually touch a child because they have an anti

social personality disorder. People with this disorder may be social, even glib, they

believe that the rules of society do not apply to them and break many of society's rules.

Essentially, anti socials lack feelings for others. In the mind of an anti social, all of

the rest of society, including children, exist to be used. The child molesters in this group

appear most often in horrific accounts seen on television and in the newspaper. (Mash, E.

J. & Wolfe, D. A., 1999)

They have an ongoing sex drive directed toward children. Abusers who molest

because of an ongoing sex drive directed toward children. Abusers who fall under this

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category and who are 16 years old or older are considered to have the disorder

pedophilia. Abusing teenagers and children who fall under this category and who are

younger than 16 cannot be considered as pedophiles because they do not meet the

diagnostic criterion of being at least 16 years old. An ongoing sex drive directed

toward children or younger children can be identified early by a sex specific physician

or therapist, and then successfully controlled with sex specific therapies and

medication, when appropriate. Treatment from this type of specialist is 87 percent

effective. (Mash, E. J. & Wolfe, D. A., 1999)

3.0 Types of Child Molestation

According to Wikipedia (2008), several of sexual offenses include sexual assault,

a term defining offenses in which an adult touches a minor for the purpose of sexual

gratification; for example, rape (including sodomy), and sexual penetration with an

object. Most U.S. states include, in their definitions of sexual assault, any penetrative

contact of a minors body, however slight, if the contact is performed for the purpose of

sexual gratification.

Sexual exploitation refers to a term defining offenses in which an adult victimizes

a minor for advancement, sexual gratification, or profit; for example, prostituting a

child, and creating or trafficking in child pornography. (Wickham, R. E. & West J., 2002).

Sexual grooming refers to defines the social conduct of a potential child sex

offender who seeks to make a minor more accepting of their advances, for example in an

online chat room. (Wickham, R. E. & West J., 2002).

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4.0 Issues faces by victims of Child Molestation

According to Cattanach, A. (1995), child molestation occurs more often than

realized and victims are terrified to speak out about their experiences. The predator often

threatens that if they tell something terrible will happen to them or their family. The

victims are often guilty of what has happened as well as shameful of the heinous crime.

No matter whom the perpetrator is, the effects on child molestation victims, male and

female, can be severe.

The aftermath of child abuse affects each child differently. No child suffers the

same after effects. Sometimes a child may suffer from one or more aftermath. The sign

for each one varies between each victim. The degree of effects suffered by child sexual

abuse victims can vary, however the effects are similar and can consist of depression,

anxiety, guilt, self-loathing, anger, post-traumatic stress disorder, re-victimization.

(Cattanach, A., 1995).

As mentioned by Cattanach, A. (1995), depression is often a severe aftermath in

child molestation. The trauma of a child being molested is a tormenting, aspect to happen

to a young child. Depression in a young child can become a devastating state. Most

young children cannot handle the side effects associated with depression. Anger is often a

rooted problem with child who has been molested. They are often left angry at the person

who committed the heinous crimes against them. Not only do they find themselves angry

at the predator but the people who are supposed to protect them, fail to do so.

Stated by Cattanach, A. (1995), depression can be linked to with social

withdrawal. Most who suffer from depression do not like to be around others. They tend

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to like dark colors and tend to stay to themselves. A drop in school grades can be quite a

change in your child's school performance. Social withdrawal is a major issue with

victims of abuse. Children, who are molested, develop a sense of trust issues. They find

themselves hard to trust anyone. It seems everyone becomes an enemy of theirs.

The sexual problems have been a frustration for those who have had these crimes

competed against them. Some not all, victims of child abuse, find themselves to be

predators themselves. A child can sometimes grow up to be confused about their own

sexual desires. School performance drops dramatically. The child usually becomes

withdrawn within themselves. The grades drop, and they no longer want to try and

succeed. (Cattanach, A., 1995)

The victims of child molestation often develop eating disorders. The eating

disorder gives them power and control over something in their lives.The self-esteem is

broken, almost beyond repair. A child who suffers from self-esteem issues needs to know

they are loved and wanted. A child who has suffered from abuse doesn't feel loved or

even worth anyone's time. (Cattanach, A., 1995).

Stated by Cattanach, A. (1995), the after effects of child molestation are a life

changing event. The aftermath of molestation tarnishes the child. The innocence of the

child is lost forever the moment abuse occurs. Predators do not understand the effects

their crimes have on their victims.

5.0 Intervention for victims of Child Molestation

5.1 Universal, Selective, and Indicated Preventive Interventions

Universal preventive intervention strategies are designed to reach the

entire population, without regard to individual risk factors and are intended to

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reach a very large audience. The program is provided to everyone in the

population, such as a school or community. An example would be universal

preventive interventions for child sexual abuse, which include sexual abuse

education using school based curriculum for all children within a school district.

(Wickham, R. E. & West J., 2002)

Selective preventive intervention strategies target subgroups of the general

population that are determined to be at risk for child sexual abuse. Recipients of

selective preventive intervention strategies are known to have specific risks for

sexually abuse children and are recruited to participate in the prevention effort

because of that groups profile. Examples of selective preventive intervention

programs for sexually abused children include special groups for children of

sexually abused parents or families and mentoring programs aimed at children

with school performance or behavioral problems. (Wickham, R. E. & West J.

(2002)

According to Wickham, R. E. & West J. (2002), indicated preventive

interventions identify individuals who are experiencing early signs of children

being sexually abused and other related problem behaviors associated with sexual

abuse and target them with special programs. The individuals identified at this

stage, though experimenting, have not reached the point where clinical diagnosis

of sexual abuse can be made. Indicated prevention approaches are used for

individuals who may or may not be sexually abuse but who exhibit risk factors

such as school failure, interpersonal social problems, delinquency, and other

antisocial behaviors, and psychological problems such as depression and suicidal

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behavior, which increases their chances of developing a problem. In the field of

sexual abuse, an example of an indicated preventive intervention would be a

sexual abuse program for school students who are experiencing a number of

problem behaviors, including truancy, failing academic grades, suicidal ideation,

and early signs of sexual abuse.

5.2 An Ecological Approach

Treatment of child sexual abuse is a complex process. According to

Dishion & Stromshak (2007), most intervention methods are often derived from

adult models. This is sometimes inadequate and unsuccessful for children as they

are different from adults. Therefore, effective interventions for children and

families especially those who have gone the traumatizing experience of child

molestation must be developmentally sensitive and appropriate to their very needs.

The ecological model of intervention is an empirically based, assessment driven

and family centered intervention. This six uniquely featured intervention model

setting it apart from other child and family intervention model can be delivered in

mental health clinics or community settings such as schools, halls and religious

centers for examples mosques, churches or temples.

As mentioned by Dishion & Stromshak (2007), the ecological approach

intervention is based on an empirical model of child and adolescent

psychopathology in general and behavior problems in particular. These types of

empirical model intervention are effective in reducing behavioral problems and

emotional distress.

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In an ecological approach, child and family intervention are family

centered. Interventions dealing with adolescent and children attempt the

engagement of caregivers and family members as optimum as possible, even

though multiple systems are targeted such as schools and centers, it is assumed that

change will be more enduring if caregivers and family members are involved in the

intervention process. (Dishion & Stromshak, 2007)

Assessment driven is also an aspect of an ecological approach of

intervention. According to Dishion & Stromshak (2007), the approaches for

intervention with children and adolescents are usually eclectic, this means that the

practitioners decided on the basis of clinical judgments, what intervention to use

with a specific patient. Intervention decisions are made on the basis of a

comprehensive, objective, and psychological assessment of the child, family, and

other relevant environments.

5.3 Trauma Focused Cognitive Behavioral Therapy

As mentioned by Rapp-Paglicci, L. A., Dulmus, C. N. & Wodarski, J. S

(2004), abused informed therapy such as Trauma Focused Cognitive

Behavioral Therapy treat negative emotional and behavioral responses and correct

maladaptive beliefs and attributions related to abusive sexual experiences while

providing support and skills to non offending parents to respond positively to their

child.

This approach targets children and parents and consists of six components;

education about sexual abuse, facilitation of the abuse related feelings,

identifying and correcting distorted or maladaptive cognitions, teaching anxiety

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management skills, teaching self protection skills, and interventions directed at

managing problematic behaviors associated with abuse. This form of intervention

focuses on the conditioned emotional associations to memories and reminders of

the abuse, distorted cognitions about the events, and negative attributions about

self, others and the world. Non offending parents are taught to be supportive, to

reduce their own stress, and cognitive behavioral strategies to manage the childs

reactions. Over a period of 12 16 weeks of individual, family and group sessions

are conducted in offices and school setting. (Rapp-Paglicci, L. A., Dulmus, C. N.

& Wodarski, J. S, 2004)

5.4 Play Therapy

According to Cattanach, A. (1995), play is the central experience for children in

helping make sense of the world around them and their place in it. As they grow and

develop, children uses play as a medium to interpret their self and the world around them.

It is the centrality of the experience of play as the childs mode of creative expression that

makes it a dynamic form of therapy for those children who have been abused.

As stated by Cattanach, A. (1995), play is often underestimated and seen as not

important and serious merely because the word encompasses activities not defined as

work and also perhaps of its centrality for the child, adults undervalue childish things.

However, play is of great value and vital importance as a way in which individuals learn

how to value ones self. Through playing, individuals can imagine other possibilities and

ways of being and by doing so, develops ones capacity to be creative. Various scholars

such as Carl Jung, Friedrich Schiller, Herbert Spencer, Karl Groos, J. S. Bruner, Lev

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Vygotsky, Jean Piaget, and many more has emphasized the important of play in the

theories and work.

Play therapy is a method used as treatment for the sexually abused child instead of

an investigative procedure. Children who come for play therapy experience a variety of

problems related to the sexual abuse such as nightmares, difficulties in sleep and school,

enable to make friends, feeling of guilt, worthlessness, lonely, isolated and betrayed.

They need direct information about what has happened to them. Help them understand

about their body boundaries, what are good touches and what are bad touches.

Age appropriate sex education helps them have a good understanding of sexual

abuse and the trauma that they have gone through. Play therapy gives the children the

space to come to terms as best as possible with the stress and the trauma that they have

gone through.

6.0 Social Institutions related to Child Molestation

6.1 UNICEF

UNICEF is working with the Government of Malaysia to ensure a

protective environment for all children free from violence, abuse and

exploitation. Our 2008 2010, program is focused on establishing an effective

social and legal protection system through:

1. advocacy for child protection rights;

2. technical assistance and capacity enhancement;

3. applicable research and analysis;

4. public information and dissemination.

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The program is designed to assist policy makers and partners to better

understand the situation and extent of child injury and contributing risk factors.

Initiate preventive measures against child injuries, abuse and neglect,

sexual exploitation and trafficking of children, including awareness raising at

local level, and education and training opportunities for children and young

people at-risk.

Develop and strengthen comprehensive monitoring and reporting systems

for child abuse and sexual exploitation at national/state/district levels.

Facilitate effective partnerships with Government, NGOs, faith-based

organizations, universities and research institutions, the media and the private

sector to strengthen the protective environment for children in Malaysia.

Design and test program models which if successful could be replicated

nationwide.

6.2 Talian Nur

Realize the flaws in the society today the authorities have taken positive

obliged by launching talian nur. Talian nur acts as a call center that receives

all sorts of questions regarding this matter, complaints and assistance by phone

from the community.

It was established on December 5 2007, after nearly 4 years of its

inception, the community started to become sensitive to what is happening around

them after online campaign last nur enlarged enlarge each state.

Recent statistics obtained show talian nur has received thousands of

calls related assistance, complaints and inquiries from the general public.

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6.3 Befrienders

Befrienders are refers to an organization that people call who need

emotional support. Others may be frightened, angry, sad, lonely or depressed.

Callers talk to about their families, their jobs, their personal relationships, money

problems, sickness, depression and school concerns and etc. Everything that is

being told confidential within The Befrienders and no records are being kept.

In 1970, a group of pioneer Malaysians was concerned about the

emotional well being of the community after the occurrence of communal riots on

the 13th May 1969. With the assistance of professional psychiatrists and

psychologists from University Hospital, Kuala Lumpur, The Befrienders KL was

established.

The Befrienders, a non profit organization, is modeled after Samaritans,

a movement started in London in 1953. Since then, the movement has spread to

about 40 countries and now has 300 centers around the world.

7.0 Acts, Policies and Laws against Child Molestation

7.1 Act 611 Child Act 2001

According to Wikipedia (2013), the Child Act 2001 is a law which served

to consolidate the Juvenile Courts Act 1947, the Women and Young Girls

Protection Act 1973, and the Child Protection Act 1991. It was enacted partially in

order to fulfill Malaysia's obligations under the United Nations Convention on the

Rights of the Child.

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However, it retains the option of corporal punishment for child offenders.

In December 2004, members of the legal community suggested that the law

needed review, despite its newness, in order to clarify its criminal

procedures. One example of the Act's un-clarity was brought to light in a 2007

case involving a 13-year old convicted of murder. Under Section 97(1) of the

Act, capital punishment may not be applied to children; Sections 97(2), 97(3), and

97(4) make provisions for alternative punishments for offences which would

result in the death penalty if committed by adults, namely detention at the

pleasure of the Yang di-Pertuan Agong. However, Section 97(2) was overturned

by the Court of Appeal in July 2007 on the grounds that it violated

the Constitution of Malaysia's doctrine of separation of powers, leading to the

situation that no punishment at all could be rendered. (Wikipedia, 2013)

The Act was meant to give further protection to a child offender. There are

however a number of shortcomings missing from the Act. Besides the uncertainty

of detention period under Section 97, another omission is the maximum length of

the remand order. For an adult offender, Section 117 of the Criminal Procedure

Code provides for a maximum of 14 days remand. Section 84(2) of the Child Act

simply allows the court to make a remand order without prescribing the maximum

length of remand. This problem was subsequently remedied in a 2003 case which

held that the Criminal Procedure Code would govern the remand period of a child.

(Wikipedia, 2013)

With regards to the trial procedure, an adult accused has the option to give

sworn evidence, unsworn evidence, or remain silent. The Child Act does not

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provide for any right to remain silent. Section 90(9) merely allows the child to

give sworn or unsworn evidence. (Wikipedia, 2013)

7.2 An Ethical Imperative

As mentioned by UNICEF Malaysia (n.d.), Childrens rights to protection

from violence, abuse and exploitation are clearly laid out in the Convention on the

Rights of the Child (CRC), reflecting a basic human consensus that a world fit for

children is one in which all children are protected.

7.2.1 Article 4 (Protection of Rights)

Governments have a responsibility to take all available measures to make

sure childrens rights are respected, protected and fulfilled. When countries ratify

the CRC, they agree to review their laws relating to children and to take all

necessary steps to ensure the CRC's minimum standards are met. This involves

assessing their social services, legal, health and educational systems, as well as

levels of funding for these services. (UNICEF Malaysia, n. d.)

7.2.2 Article 19 (Protection from all forms of Violence)

Children have the right to be protected from being hurt and mistreated,

physically or mentally. Governments should ensure that children are properly

cared for and protect them from violence, abuse and neglect by their parents, or

anyone else who looks after them. In terms of discipline, the CRC upholds

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that any form of discipline involving violence is unacceptable. (UNICEF

Malaysia, n. d.)

7.2.3 Article 34 (Sexual Exploitation)

Governments should protect children from all forms of sexual exploitation

and abuse. This provision in the CRC is augmented by the Optional Protocol on

the sale of children, child prostitution and child pornography. (UNICEF Malaysia,

n. d.)

7.2.4 Article 35 (Abduction, Sale and Trafficking)

Governments should take all measures possible to make sure that children

are not abducted, sold or trafficked. This provision in the CRC is augmented by

the Optional Protocol on the sale of children, child prostitution and child

pornography. (UNICEF Malaysia, n. d.)

7.2.5 Article 36 (Other forms of Exploitation)

Children should be protected from any activity that takes advantage of

them or could harm their welfare and development. (UNICEF Malaysia, n. d.)

7.2.6 Article 39 (Rehabilitation of Child Victims)

Children who have been neglected, abused or exploited should receive

special help to physically and psychologically recover and reintegrate into society.

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Particular attention should be paid to restoring the health, self-respect and dignity

of the child. (UNICEF Malaysia, n. d.)

7.2.7 Article 41 (Respect for superior national standards)

If the laws of a country provide better protection of childrens rights than

the articles in the CRC, those laws should apply. (UNICEF Malaysia, n. d.)

8.0 Social Workers Role dealing with Child Molestation Cases

Although parents have the primary responsibility for safeguarding their children,

statutory and voluntary agencies, relatives, friends and neighbors also have

responsibilities. Everyone can help to safeguard children if they are alert to childrens

needs, and willing and able to act if they have concerns about their welfare. Social

workers take a lead role in:

responding to children and families in need of support and help

undertaking enquiries following allegations or suspicion of abuse

undertaking initial assessments and core assessments as part of the Assessment

Framework

convening strategy meetings and initial and subsequent child-protection

conferences

court action to safeguard and protect children

coordinating the implementation of the child protection plan for children on the

child protection register

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looking after and planning for children in the care of the council

ensuring that looked-after children are safeguarded in a foster family, children's

home or other placement.

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