WE have 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 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 (formerly Twitter) 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 8 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.
Social media, 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 stalking behaviour and the anonymity of stalkers, especially with the increasing prevalence of such cases as seen on social media platforms.
In such cases, the burden of proof, as exemplified by Acacia’s experience and that of many others, pose 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 behavior.
One third of Malaysians have experienced stalking with more than half having experienced acts of stalking by strangers and acquaintances. More than 90% of them were women, representing a striking majority (WAO and Vase.ai, 2020).
In order to ensure 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 and 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 front-liners, 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 to 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.
Lastly, if you are being stalked and are fearful for your safety, reach out to the police at 999 or make a report at a police station. – January 25, 2024
Women’s Aid Organisation has worked since 1982 to provide free shelter, counselling and crisis support to women and children who experience abuse.
If you need help, contact the WAO hotline at 03-3000 8858 or SMS/WhatsApp TINA at +6018 988 8058.