WE, the undersigned, are appalled by the letter of demand received by Ain Husniza Saiful Nizam, a student who called out her teacher for making rape jokes in class.
The teacher has threatened to sue Ain Husniza for defamation, and demands an exorbitant sum of RM1 million as compensation.
A rape joke is verbal sexual harassment. It not only violates the dignity of women and girls by objectifying them as targets of sexualised violence, but also normalises such violence as part of the status quo.
Ain Husniza’s case is not the first where the law on defamation is used against women or girls experiencing sexual harassment.
In the absence of specific legislation and redress mechanisms against wide-ranging forms of sexual harassment, people who experience such harassment and violence are vulnerable to legal actions by the perpetrators to “clear their name of wrongdoing”. As such, defamation suits are yet another weapon utilised by perpetrators to cow victims into submission.
These victims, who are usually in less-powerful positions, are not only vulnerable to retraumatisation, but also further harassment and unnecessary scrutiny.
Such legal threats set a dangerous precedent. It is utterly reprehensible that a victim speaking up against a sexual violation is threatened with defamation. Allowing such claims makes a travesty of justice.
Ain Husniza has demonstrated tremendous courage in speaking out against sexual harassment. Through her action, the #MakeSchoolASaferPlace movement has been instrumental in amplifying the much-needed national conversation on the systemic culture of sexualised violence and abuse of power in our educational institutions.
We reiterate Ain Husniza’s right to be protected and supported, both as a survivor of sexual harassment, as well as a child whose interests, welfare and well-being should be unstintingly safeguarded.
In May, the Education Ministry announced that the teacher will be transferred, pending the police investigation.
Over the years, we have seen cases of sexual misconduct by teachers, where they were simply transferred to another school or position without clear disciplinary action taken against them. We therefore call on the ministry to disclose the outcome of the internal inquiry into the incident, as a matter of great public interest.
Out of respect for the integrity of the teaching profession, we urge the teacher in question to retract his letter of demand to Ain Husniza, and to accordingly issue an apology.
Finally, we call on the public to support and stand in solidarity with Ain Husniza. Our children deserve better when they speak up for their rights. – The Vibes, August 6, 2021
Joint Action Group for Gender Equality:
1. All Women’s Action Society
2. Association of Women Lawyers
3. Empower
4. Justice for Sisters
5. KRYSS Network
6. Perak Women for Women Society
7. Persatuan Sahabat Wanita Selangor
8. Sarawak Women for Women Society
9. Sisters in Islam
10. Women’s Aid Organisation
11. Women’s Centre for Change
NGO signatories:
1. Aliran
2. Beyond Borders Malaysia
3. Centre for Independent Journalism
4. G25 Malaysia
5. Monsoon Malaysia
6. North South Initiative
7. Our Journey
8. Parent Action Group for Education
9. Pergerakan Tenaga Akademik Malaysia
10. Persatuan Patriot Kebangsaan
11. Persatuan Pengundi Muda
12. Pertubuhan Pembangunan Kendiri Wanita dan Gadis
13. Protect and Save The Children
14. Reproductive Rights Alliance of Malaysia
15. Sabah Reform Initiative
16. Society for Equality, Respect and Trust for All Sabah
17. Suaram
18. Terabai Kenyalang Heritage Association of Sarawak
19. The Kalsom Movement
20. The KLSCAH Women Division
21. The Tiada.Guru Campaign
Individual signatories:
1. Betty Yeoh
2. Caylene
3. Christabel
4. Elsa Sabrina
5. Ho Yock Lin
6. Jean Lim
7. Kok Lee Lian
8. Kwa Chai Hoon
9. Natasha Franklin
10. Prema Arivananthan
11. Rabiatul Adawiyah Yusoff
12. Suba
13. Tam Xueh Wei
14. Tan Chia Ee
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