Ministry of Health Malaysia (MOH)

Components of OSCC Services

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Rape and Sexual Assault

This section specifies on the management of Rape and Sexual Assault based on OSCC Policy.

Definition

Rape is dealt under section 375 of the Malaysian Penal Code. According to this section a man is said to commit “rape” when he has sexual intercourse with a woman under the following circumstances:

  • Against her will. This means that the women is capable of giving her consent but consciously rejects sexual intercourse and is forced into it.

  • Without her consent. Sexual intercourse may take place without the women’s consent because she is incapable of giving her consent.

  • With her consent when consent has been obtained by putting her in fear of death or hurt to her or any other person, or obtained under misconceptions of the fact, and the man knows or has reason to believe that the consent was given in consequence of such misconceptions.


  • With her consent when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent.

  • With her consent through deception.

  • With her consent, when at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent.

  • With or without her consent, when she is under sixteen years of age (statutory rape).

Objectives

  • To provide a guide in the management of alleged rape and sexual assault cases.

  • To define the roles of the different departments and agencies involved in the management of survivors.

  • To ensure that survivors are treated with respect and all clinical findings and evidence is managed as per guideline.

Levels of Hospitals Based on Availability of Services

  1. Level A hospital (HKL & State hospitals)

    2. All hospitals with O&G Specialists, Pediatricians and Medical Social Worker if available.

  2. Level B hospital (Other hospitals with O&G specialist)

    3. All cases in Level A & B hospitals must be seen by an O&G Specialist as soon as possible as the experience and credibility of the doctors will be a focus in court.

  3. Level C hospital (Hospital without O&G specialist)

    4. All cases in Level C hospitals shall be seen by Medical Officer with months training post housemanship in O&G or to discuss the case with the covering O&G Specialist.

Work Procedure

  1. Present to the hospital

    2. Survivors may walk in through triage or brought by parents or guardian.

  2. Online triaging of patient
    • The survivor should be escorted by well-trained staff whereby pre-counseling can be given while awaiting further management.
    • The registration process should be done by the health personnel.
    • If the patient is clinically stable, secondary triaging (taking of vital signs) can be done in the vicinity of the OSCC room.

  3. Police Report
    • A police report must be made, whereby the police will release an order in the form of Borang Pol59 to request the doctor to examine and collect evidence with consent, to aid in the investigation.
    • If the police report is not readily available, examination of the patient can be done with only the Borang Pol59.

  4. Consent
    • Consent must be obtained prior to the clinical examination and evidence collection. The legal age for providing consent is 18 years and above.
    • After the examination if there is a strong suspicion of sexual abuse the attending doctor must:
      • Inform the Child Protector by sending the Borang 9 to the Social Welfare Department
      • They will have to lodge a police report if the parent/guardian is reluctant to lodge a police report.

Cases that Require Admission

  • Survivors requiring medical management for acute physical and emotional trauma.

  • Concern for personal safety of survivor. Admit if case is seen after office hours to be referred to the Medical Social Worker/Social Welfare Department/NGOs for shelter and protection.

  • All suspected child sexual abuse after discussion with the SCAN team/Pediatrician/Adolescent Pediatrician. All suspected intra-familial child sexual abuse or those involving young children below 12 years of age must be admitted for protection and more detailed history taking.

  • Survivors who are pregnant and present with complications due to pregnancy

  • Survivors requiring acute management of vaginal trauma requiring examination under anesthesia (EUA)

OSCC Policy

You can gain access to the full OSCC Policy HERE.