Sexually suggestive gestures, body language violations can lead to legal consequences, lawyers warn

SHAH ALAM - Making sexually suggestive gestures or using body language to imply sexual acts is not only inappropriate but also a serious violation of personal boundaries and can lead to legal consequences.

Lawyer Salim Bashir said such acts were not just offensive but deeply troubling.

He said making sexual gestures created an uncomfortable and intimidating atmosphere.

"Making sexual gestures or using body language to suggest sexual acts is highly inappropriate and offensive.

"It communicates a lack of respect for boundaries and creates an uncomfortable and intimidating atmosphere," he told Sinar Daily.

He emphasised the importance of addressing such behaviours promptly and encouraged victims to seek protection under the Anti-Sexual Harassment Act 2022.

"Non-contact indecent exposures must be addressed promptly and perpetrators should be stopped immediately. Such behaviour requires swift intervention to prevent further escalation.

"Anyone experiencing any unwanted conduct of a sexual nature can seek refuge under the recent Anti-Sexual Harassment Act," he added.

He said while such crimes were not limited to any specific gender, women suffered higher rates of victimisation.

Meanwhile, lawyer Datuk Geethan Ram Vincent pointed out the broad legal scope for addressing sexually suggestive gestures.

He said under Section 509 of the Penal Code, uttering words, making sounds or gestures, or exhibiting objects intending to insult the modesty of a person constitutes a crime.

"If proven guilty, perpetrators may face imprisonment for up to five years, a fine, or both," he said.

He added that the Minor Offences Act 1955 also provides protection with Section 14 of the Act stating that using insulting or indecent words or gestures to provoke peace or another person carries a fine not exceeding RM100.

He said the scope of the Section was wide-ranging and may include sending inappropriate messages, flashing genitals, making sexual jokes and making sexually suggestive gestures.

"The legal provision does not exclusively apply to male perpetrators, even though a greater number of cases have been reported with females as the victims," he said.

He said the Criminal Investigation Department's Sexual, Women, and Child Investigations Division (D11) reported at least 135 male victims of sexual harassment and assault cases in 2023, with half of these cases falling under Section 509 of the Penal Code.

Lawyer Nurainie Haziqah said any lewd gesture is a violation of the law and action must be taken against anyone responsible, regardless of their identity.

While such incidents could affect anyone, she said the unfortunate reality was that women make up the majority of victims.

She also emphasised the importance of safeguarding victims, particularly women and children.

"Sexual harassment often occurs when perpetrators exploited a position of power over their victims. It is crucial to ensure victims are protected at all times, especially when children are involved," she said when contacted.

On Dec 16, the Bukit Aman Department of Integrity and Standards Compliance launched an investigation into allegations that a policeman made lewd gestures towards a woman, during a protest in the capital.

A social media post of the incident posted by a woman went viral.

The woman claimed that the cop repeated the gestures multiple times to ensure that they were visible.

A similar incident happened later where a motorcyclist was captured in a viral video for aggressively scolding a car driver and making obscene gestures in Petaling Jaya.

The 29-second video, which circulated widely on social media, showed the motorcyclist behaving inappropriately on the slip road of Jalan PJS 8/5, Sunway Mentari.

District police chief Assistant Commissioner Shahrulnizam Jaafar confirmed the incident and said a police report had been lodged regarding the matter.