KUALA LUMPUR: The rise in cases of sexual bribery is alarming but it is challenging to take action due to the demanding nature of proving such cases and the reluctance of victims to come forward.
Instances of sexual favours exchanged as bribes typically involve individuals in positions of power, rank, and authority, seeking gratification for their desires rather than monetary gains.
Corruption analyst Noor Mohamad Shakil Hameed highlighted that sexual bribery can occur in various environments and situations, often to help suspects or wrongdoers escape accusations or threats of action if they do not comply with requests for sexual favours.
"The culture of sexual bribery usually thrives when individuals with power, rank, or position take advantage and misuse their status to satisfy their desires.
They often manipulate the issues faced by victims to entrap and threaten them until the victims are forced to agree or engage in a sexual relationship with the involved individuals under duress," he told BH.
Yesterday, BH reported the arrest of an enforcement agency member suspected of soliciting sexual favours in exchange for not taking action against a woman who failed to report herself for a drug offence.
The man in his 40s was detained by the Malaysian Anti-Corruption Commission (MACC) along with a woman in her 20s in a special operation at a hotel around 7.30pm.
The woman allegedly failed to report herself monthly to the relevant enforcement agency, and the suspect purportedly sought sexual bribes to prevent the victim from facing legal consequences.
Mohamad Shakil emphasised that instances of sexual bribery are continuously occurring, but the fear of difficulty in proving such cases and the embarrassment associated with exposing these actions often deter victims from reporting.
"Investigations are indeed challenging as they do not involve transactions like cash handovers or online transfers, but authorities can investigate and apprehend perpetrators if victims are willing to cooperate.
"Victims must report any requests for sexual bribes promptly. With immediate reporting, authorities can strategise to apprehend suspects when victims meet with them," he stated.
He added that sexual bribery can become more prevalent in the country, with a potential shift from tangible bribes like cash to harder-to-detect forms like sexual favours.
"Hence, raising awareness, prevention measures, and enforcement are crucial. Continuous education on sexual bribery awareness for the public and serious attention from organisations to address any form of sexual bribery or harassment in the workplace is essential."
Mohamad Shakil called on the MACC to reconsider Section 16 of the MACC Act 2009, which deals with offences involving receiving bribes.
He highlighted the need for a more specific interpretation of offences related to soliciting bribery in the form of sexual favours, ensuring that appropriate punishment is meted out to offenders.
Meanwhile, Universiti Kebangsaan Malaysia legal advisor and national corruption observer Prof Dr Salawati Mat Basir acknowledged the challenges in investigating sexual bribery due to the requirement for robust evidence for prosecution.
"Investigations related to 'sexual bribery' are difficult because they require strong evidence considering that this kind of affair is difficult to investigate.
"If sex is being done in a hotel, there needs to be strong evidence not just CCTV footage of him walking together. On the other hand, the party giving the reward also needs to confess.
"Not many people will come (to the authorities) and confess to giving their bodies as bribes for sex. That means the bribe will end there. So it will be difficult for the authorities to carry out an investigation," she said.
Salawati said that bribery through sex in this country does happen but it is not publicised because it involves a relationship 'in bed'.
"Sexual bribery does not only exist in the workplace but occurs in enforcement agencies that want to take advantage of those who are guilty.
"There are cases involving, the offenders being told to send prostitutes from Arabia or Russia if they want to escape.
"Such suspects usually don't want money but want something to satisfy their lust," she said.
She added that although the community views sex bribery as disgusting, it remains one of the offences involving corruption and the victim needs to be brave enough to make a report to the authorities.