Legal Literacy in Accessing Justice for Child Sexual Abuse

Abstract

The sustainable development goals (SDG) set peace, justice, and strong institutions with targeted access to justice for all by 2030. Goal 16 of the SDG sets the number of reports made by victims of violence to the authorities to benchmark access to justice. The study argues that there is a correlation between legal literacy and reporting of crimes. Legal literacy means awareness of a society of the legal rights and obligations and their ability to use the legal avenue to get redress. The methodology of this study is by using content and doctrinal approach. Interviews are conducted with the legal aid and human rights representatives on the society and law enforcement awareness and understanding of the legal process in CSA cases. The study shows adequate law addressing access to justice in CSA cases. The Sexual Offences Against Children Act 2017 and the Legal Aid (Amendment) Act 2017 enhanced the legal process to seek justice. However, inadequate legal literacy among the authority handling CSA is among the hindrance to justice. The absence of support from family members in lodging a police report is another issue found in the study. They were less likely to have the perceptual powers of the mind to report crimes. This study contributes to the literature on prioritising and improving access to justice in CSA.

Analysis of the Role of Legal Education and Community Welfare on Social Justice and Human Rights in Rural Areas in Central Java

“…Similarly, embedding welfare provisions in legal education initiatives ensures that legal empowerment efforts are responsive to the socio-economic needs of marginalised populations, increasing efficacy and sustainability [22]. The intersection of legal education and community welfare creates a mutually beneficial relationship, where legal education programmes can be tailored to meet the specific needs of marginalised communities, and welfare programmes can incorporate legal components to empower individuals and promote access to justice [29], [30]. This integrated approach fosters a culture of legal literacy and legal awareness, which ultimately contributes to the promotion of social justice and the protection of human rights [31].…”

Comparative Analysis of The Operational Guidelines or Rules Under the Sexual Offences Against Children in Malaysia and India

“…This is also due to the restricted nature of legal assistance which is one of the main obstacles to criminal justice. According to research, the legal system does not have a clear procedure to assist vulnerable children that have been abuse (Mazlifah Mansoor et al, 2022).…”

“…Society should be educated from an early stage about the concept of crime victims and the potential for anyone to become a victim. This understanding is essential in creating a supportive environment for victims of CSA (Mazlifah Mansoor et al, 2022).…”

“…CSA is now managed by three agencies: the protector, which provides safety and care, the police, which conducts criminal investigations, and the legal companion, which supports legal proceedings. A better workflow for educating society and law enforcement, training law enforcement, and providing protection to CSA victims before and after investigations will result from the combination of these activities with a specialized CSA unit (Mazlifah Mansoor et al, 2022).…”

“…By declaring CSA, a non-bailable offense, the court should refuse bail in CSA instances unless an unusual situation justifies the release. In order to ensure that victims of child abuse have access to justice, measures must be taken to ensure their protection and safety so that they will come forward, file complaints, and take part in the criminal justice system (Mazlifah Mansoor et al, 2022).…”