Sex offenders’ list: Thin line between protecting community, facilitate ex-con’s rehab

SHAH ALAM - It is important to recognise the balance that needs to be struck between protecting the community and facilitating the rehabilitation of individuals who have committed sexual offenses when it comes to the discussion of the country’s sex offenders registry.

Yayasan Chow Kit founder Datuk Dr Hartini Zainudin said the idea of making the sex offender registry public was complex and involved careful considerations of both public safety and the rights of individuals who have committed sexual offences.

She said that expanding the registry's accessibility could enable people and families to develop knowledgeable decisions regarding their own and their children's safety but it could also result in stigmatisation, vigilante action and possible harm to the families of those who commit crimes.

“Threats and harassment can not only harm the families of offenders, who may have no involvement in the crimes committed,

“However, they can also impede the process of rehabilitation, making it more difficult for offenders to reintegrate into society and potentially increasing the risk of recidivism.

“On the other hand, the safety of the public, especially children, is of paramount importance,” Hartini said when contacted by Sinar Daily recently.

She said that while families were mostly innocent, not all people who have committed sexual assaults were the same.

Some, she said, might be a serious threat to public safety, while others might have recovered well and were no longer present a substantial danger.

Hence, she added where individuals was convicted of serious and violent sexual offences, there was a valid argument for transparency in the form of a more accessible registry. By being aware of potential predators in the area, families and communities may take the necessary safety measures.

However, she said it was crucial that this information be handled responsibly and carefully, by qualified authorities.

She highlighted that coming up with a public registry includes numerous considerations including strong risk assessment techniques, expert supervision and a clear grasp of the possible benefits and drawbacks of increasing public access to this kind of data were all necessary.

Hartini also questioned whether there were enough specialists to make appropriate decisions about information release.

Meanwhile, criminologist R.Paneir Selvam said it was necessary for the government to make the list open to the public.

He said it was imperative to organise an awareness campaign aimed at educating the general public, particularly the relevant ministries, enforcement agencies, and local governments, who must actively participate.

“Yes indeed. It is essential for the appropriate authorities to implement necessary measures to ensure the functionality of this system.

“In general, the public lacks awareness about the existence of such a system,” he said when contacted recently.

He acknowledged uncertainty regarding the list's continued applicability but emphasised that the system ought to be maintained when questioned about it.

He even asked, "Is the general public aware of such a system?"

Paneir said in order for the government to deliver more knowledge and information to the people as this was a serious issue.

He added that the Child Act 2001 was primarily meant to protect, nurture and rehabilitate children.

He said the legislation was committed to upholding fundamental principles, including non-discrimination, prioritising the best interests of the child, ensuring their right to life, survival, and development, and valuing their opinions.

It was enacted on July 8, 2001, signifying its importance in protecting the welfare of children.

He stated that the laws were dedicated to maintaining basic values, such as the non-discrimination, the child's best interests being given priority, the child's right to life, survival, and development, and the value placed on their ideas. Its enactment of the law attested to its significance in preserving children's welfare.

Furthermore, he said the Sexual Offences Against Children Act 2017 was introduced as a separate law to specifically address sexual offences that were not covered under the Child Act 2001.

By holding parents accountable for failing to safeguard their children's safety, these laws were meant to increase protection for children in conjunction with already-existing laws like the Penal Code.