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Stalking an ex-spouse to be an offence under amendment to Domestic Violence Act soon

KUALA LUMPUR: The act of 'stalking' former spouses will be included in the Domestic Violence (Amendment) Act 2017 soon.

Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim said 'stalking' could not be included in the Act, which was passed in Dewan Rakyat today, as it was not yet categorised as a criminal act under the Penal Code.

"This is why we could not include it (stalking) in the Domestic Violence (Amendment) Act 2017.

"After this, the ministry will work with activists and non-governmental organisations to build it up as a case.

"Stalking must be made a criminal act under the Penal Code first, then we will work from there," she told reporters at the Parliament building, today.

Rohani noted that stalking could lead victims to suffer from depression and in some extreme cases, could lead to suicide.

"(When stalking is included in the Act), this will includr any criminal acts for example threatening the victim with intent to cause fear for his/her safety or the safety of his/her property, to fear for the safety of a third person, or communicating with the victim, or communicating about the victim to a third person, with intent to insult the modesty of the victim through any means, electronic or otherwise," she said.

"However, the government will follow this development and will consider drafting a special law on it through the support of various parties to make it a criminal offence in the future," she said when winding up the debate in the Dewan Rakyat session earlier today.

Rohani said the main purpose of the amendment was to enhance the protection of the victim by providing for the Emergency Protection Order in addition to the existing Interim Protection Order and the existing Protection Order.

She explained that the violation of the order would cause the perpetrator to be punished with a fine of RM4,000, a jail term or both, while the second time violation could be fined RM5,000, jail for up to two years or both.

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