Children, shelters and systematic crime

The recent case of a global organization in Malaysia allegedly involved in sexual abuse, child trafficking, child abandonment, sodomy, forced labor, sexual exploitation and other related crimes has received widespread media attention.

An overwhelming response is expected after 402 children were found in various shelters in Malaysia.

At the very least, it shows the level of ignorance, lack of oversight, laxity and apathy within the organization and among those with a personal interest in the organization. It also shows that there is systematic abuse and that sexual violence could take place with impunity.

As astonishing as this case is, it is not the first time that a religious organization has been accused of such heinous crimes.

The first documented case of sexual abuse occurred in 1629 in the Catholic Church at a school in Rome. This was followed by numerous allegations of sexual abuse, exploitation and neglect in the United States, Europe and other parts of the world.

Malaysia has also had its share of institutional violence and abuse. Let us not forget the case of some tahfiz schools and religious teachers who physically or sexually abused their students.

Until recently, we still heard reports of children being bullied and sexually abused by their religious teachers or schoolmates.

Despite the abundance of laws available to protect children and vulnerable communities, children continue to be exploited with ruthlessness and impunity.

Their complaints are often ignored, disbelieved and deprioritized, as if they are invisible or unimportant until a tragedy strikes.

(Image: FMT)

Currently, not much is known about how shelters operate and sustain themselves. In most cases, shelters rely on donations and funding from governments, NGOs, businesses, and the public.

Shelters are expected to be a safe haven for people seeking protection and shelter. It is a place where residents can get food, bedding, clothing and basic supplies.

In most cases, the residents of shelters are vulnerable and marginalized groups, such as orphans, victims of human trafficking, victims of domestic violence, the homeless, the disabled and other people in need of assistance.

Shelters typically have rules to regulate and control the daily activities of their occupants. Shelters can also be, to some extent, carceral, with rules designed to restrict, restrain, and subdue their occupants.

Some shelters also impose severe and punitive sentences on their residents who violate shelter rules. In this case, it is not far-fetched to describe residents as captive communities.

Regardless of the nature of the shelters, it is of great importance that attention is paid to the well-being and welfare of the residents.

However, it is important to realize that a shelter is not a dumping ground for children or for people who want to avoid their responsibilities as guardians.

And it is somewhat shocking and disturbing to hear that some parents have no other option than to leave their children in the shelter so that they can work and earn a decent income. What is even more shocking is the accusation of forced labor that the parents had to endure.

All things being said, is it fair enough to leave this entirely up to the law enforcement officials? Or is this a case of institutional failure?

Comments have been made about how this case reflects institutional failure as a result of the inactivity and unresponsiveness of certain bodies that were aware of this matter.

Another question that arises is how it is possible that these shelters can operate with impunity? And whether complaints have been filed by victims or injured parties.

(Image: Tenaganita)

To answer this question, it is important that we ensure that we do not blame the victim or engage in victim precipitation, which means that we hold the victim responsible or partially responsible for his or her own victimization.

According to previous studies, certain barriers to reporting misconduct and abuse exist when it comes to religious organizations. These barriers include fears of disclosing to committed religious families; attitudes toward sex and sexuality in religious communities; fears of being ostracized; reluctance to “shame” the religious organization; and cultures of secrecy and abuse.

Children who were brave enough to share their ordeals received inappropriate responses or their complaints were ignored.

In some cases, organizations have tried to silence victims and their families by threatening them with deportation or other forms of punishment. There are also cases where victims are coerced or offered a settlement to keep quiet.

Regardless of how we translate the findings in the field of child abuse, we must continue to realize that victims of child abuse experience trauma that can impact their lives.

Trauma does not go away over time, it lingers and can develop into PTSD, depression or other mental and health complaints.

As a society we need to be vigilant and known for our strong moral and ethical values. We need to show our compassion, empathy and humanity when it comes to children, vulnerable groups and voiceless beings.

From now on, we only pray that all investigations are conducted fairly and that the children in the shelter receive adequate care, love and support from their families and community. – Sept. 23, 2024

The author is a criminologist and Deputy Dean (Postgraduate Affairs) at the Faculty of Law, Universiti Malaya.

The views expressed are solely those of the author and do not necessarily reflect those of Focus Malaysia.

Main image:Shutterstock

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