Cover The hit Netflix miniseries ‘Baby Reindeer’ and the true events that inspired it prompt greater awareness about the crime of stalking in a Malaysian context (Photo: Getty)
The hit Netflix miniseries ‘Baby Reindeer’ and the true events that inspired it prompt greater awareness about the crime of stalking in a Malaysian context (Photo: Getty)
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Entertaining as it was, the hit Netflix miniseries ‘Baby Reindeer’ and the true events that inspired it prompt greater awareness about the crime of stalking in a Malaysian context
In 2023, landmark legislation was passed to criminalise stalking in Malaysia. Section 507A of the Penal Code was introduced in April 2023 to criminalise the act of stalking, which activists say disproportionately affects women compared to men.
Before the passing of this anti-stalking law in the Penal Code, victims who attempted to report a stalker to the police had little legal grounds to seek protection and prosecute the offenders.
Countless individuals have been affected physically and psychologically by the crime of stalking, from prominent personalities like songstress and radio announcer Dasha Logan, singer-songwriter Talitha Tan, and photographer Acacia Diana, to students, working adults, and women who have come out of abusive relationships.
Read more: “Don’t be afraid to push for your justice”: Acacia Diana’s chilling stalker experience
Stalking is defined in Section 507A of the Penal Code as “repeatedly any act of harassment, intending to cause, or knowing or ought to know that the act is likely to cause distress, fear or alarm to any person of the person’s safety.”
Commenting on the implementation of Malaysia’s Anti-Stalking Law, the Women’s Aid Organisation shared that “if someone is repeatedly following you, tracking and communicating with you, showing up at your house or workplace, sending you things, or committing other acts either online or physically that makes you distressed or scared—you may be a victim or survivor of stalking.”
Some other examples of stalking include loitering at the victim’s residence or workplace, giving or sending anything to a person, cyberflashing, or harassing a person repeatedly on social media platforms. According to this Penal Code section, the acts of harassment must be repeated on at least two occasions in order to count as stalking.
Above An act of harassment must be repeated on at least two occasions in order to count as stalking (Photo: Getty)
An act of harassment must be repeated on at least two occasions in order to count as stalking (Photo: Getty)
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Today, survivors of stalking have the option to file a police report and request for something known as a Protection Order for Stalking which can legally restrain a suspected stalker. If found guilty, offenders can be punished with imprisonment of up to three years, a fine, or both.
In the event that you are experiencing the acts of harassment mentioned above multiple times, here are some important steps to take, from collecting evidence of stalking to filing a police report.
See more: Apple Adds A New Feature To Alert Users If They Are Being Stalked
1. Document everything as proof
Many individuals who attempt to make a police report against a stalker will inevitably be asked to provide as many details as possible, from the date, time and location of the stalking incident, what happened, and if possible, any video evidence or screenshots of the harassments.
If you are experiencing online or physical harassment by a stalker, your first instinct should be to capture or record it as evidence for later, no matter how small or insignificant a detail is.
“Always keep note of important information,” says UK-based Malaysian photographer and visual artist Acacia Diana, whose stalker became the first man to be charged under Malaysia’s anti-stalking legislation in 2023.
“If someone does something aggravating against you, record their details, including social media account names, messages, comments, type of clothing, car model and associates. Be sure to include the time, location and date, as proof for any future reference. This may be tedious, but these details may serve you in the long run, and act as hard facts during a potentially emotional period.”
2. Lodging a police report
Above Make a police report to obtain a protection order against a stalker (Photo: Getty)
Make a police report to obtain a protection order against a stalker (Photo: Getty)
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Now that you have the evidence on your side, head to your nearest police station to lodge a police report. Ask the police officer about how to obtain a protection order against your stalker.
“If [complainants’] reports are not taken seriously, they can contact either the officer in charge of the police district or D11 Aman directly,” said Bukit Aman Sexual, Women, and Child Investigation Division (D11) principal assistant director Senior Asst. Comm. Siti Kamsiah Hassan in a December 2023 New Straits Times article.
If you have made a police report against a stalker anytime before the Anti-Stalking legislation was passed in 2023, it is recommended to make a new police report to strengthen your claim.
For further advice and guidance on making a police report, you can also reach out to helplines such as the Women’s Aid Organisation hotline at 03 3000 8858 or SMS/WhatsApp TINA at +6018 988 8058. You can also call the police at 999.
3. Take precautions to protect yourself
Above Be alert and have a safety action plan (Photo: Getty)
Be alert and have a safety action plan (Photo: Getty)
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The best way to be on your guard is to take precautions in whichever way you can. Find a support system of loved ones and have a safety action plan that they are also aware.
“Make sure that your locations, your activities, and the people involved are known to someone you trust,” says Acacia. “I highlight emergency contacts on my phone, I get an awareness of a space, know the nearest police stations, and I alert organisers at my events for the presence of any unwanted guests.”
“While you can’t control the actions of others, you can control what you do and how you react to them. You have to empower yourself in every way possible to ensure that you don’t get treated in such a way.”
4. Final thoughts: knowing your self worth
Above Acacia Diana is a photographer who endured stalking for over eight years from one perpetrator
Acacia Diana is a photographer who endured stalking for over eight years from one perpetrator
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Do not allow a person to harass you long enough that you feel you need to act ugly in return.
Lastly, it’s important not to second-guess yourself or allow the fear of burdening others to hinder your ability to take action. Defending yourself is not a luxury only reserved for some and not others.
“Remind yourself of your higher purpose. Reacting to an aggravator in the heat of the moment, or stooping down to their level by lashing out, is a waste of time,” Acacia told Tatler in January 2024. “Do not lose your sense of self or strength because a person decides to abuse you. Do not allow a person to harass you long enough that you feel you need to act ugly in return.
“Instead, stop engaging immediately. If you’re able to block the person and not give them any further attention, just do it. If you’re able to call them out and embarrass them in public, do it. If you need to report the police or call the authorities, do it. If you have people who can tell that person off and defend you, let them. You are worth protecting at the first sign of disrespect.”
Previously contributing to Esquire Malaysia, Expat Lifestyle and Newsweek, Tania oversees digital stories across Tatler’s key content pillars, also leading the Front & Female platform exploring issues and topics affecting women today.
