A disturbing case has emerged in Malaysia involving a 24-year-old school bus driver charged in Court for violating Section 14(a) and Section 15(a)(iii) of the Sexual Offenses Against Children Act 2017 (“the Act”).
The driver is alleged to have sexually assaulted and harassed young children on the school bus and had uploaded these inappropriate videos onto his TikTok account, which had amassed over 640,000 followers[1]. These videos included disturbing content, such as referring to a young girl as his “crush” and filming himself caressing a sleeping child’s lips and kissing her forehead[2].
These alleged assaults involved physical contact for sexual purposes including kissing the cheek of a four-year-old girl, who is his niece, constituting an offence under Section 14(a) of the Act, which criminalizes physical sexual assault against minors, carrying a penalty of up to 20 years’ imprisonment and whipping[3].
Additionally, the bus driver was also charged for non-physical sexual assault for allegedly repeatedly watching a nine-year-old girl for sexual purposes. This action falls under Section 15(a)(iii) of the Act, which penalizes individuals who commits the offence liable to imprisonment for a maximum of 10 years or a maximum file of RM20,000.00[4].
Regardless of whether the sexual assault was physical or not, the key phrase in both charges is “for sexual purpose”. For both of these offences, the court will be required to look at all other circumstances surrounding the conduct to determine whether the bus driver’s acts were done for a sexual purpose. The Prosecution must prove beyond reasonable doubt that the bus drivers actions were carried out with that intent.
However, it is highly likely that the bus driver’s defence would be that his actions were purely innocent, with no sexual undertones. This creates a challenge for Court, as it requires interpreting the bus driver’s intentions at the time these alleged offences took place.
This case has sparked widespread outrage and calls for stricter enforcement of laws protecting children from sexual predators. It highlights the urgent need for increased vigilance and preventive measures to ensure the safety of children in all environments, especially those involving trusted individuals like school bus drivers.
[1] https://www.malaysiakini.com/news/718683#google_vignette
[2] https://www.thestar.com.my/news/nation/2024/09/11/school-bus-driver-charged-with-sexual-assault
[3] Section 14 of the Sexual Offenses Against Children Act 2017
[4] Section 15 of the Sexual Offenses Against Children Act 2017
About the Author
Dyana Parmar is a Pupil-in-Chambers at XK Law. She assists the partners of the firm in civil litigation with a focus on debt recovery, landlord and tenancy matters, and corporate commercial disputes. Committed to making a positive impact, Dyana aims to contribute to a better world through her career as an advocate and solicitor.
