COMMENT | Swiftly address sexual harassment issue in legal fraternity

COMMENT | Our statement comes in light of recent public backlash against some of the responses and statements made by certain members of the legal profession, some of whom hold notable positions within the legal fraternity.

While it is premature to take sides on the recent allegations of sexual misconduct by a notable member of the Bar and whilst we maintain a position not to delve into the alleged facts raised by either party, we are disappointed with the manner in which some members within the profession have responded to the issue.

We fear that their actions are indicative of a certain archaic and subconsciously sexist mindset that continues to exist in the system. This is concerning because it is an unexpected wake-up call for vulnerable persons in the profession who are now faced with the reality that some of the individuals whom they believed would advocate for a safer working environment and community may possibly be enablers of sexual misconduct instead.

It is also disconcerting to note the trivialisation of the concept of conditional consent by certain quarters. While conditional consent is a concept that remains largely unexplored here in Malaysia, we do not believe it is difficult to envision a situation where consent can be vitiated.

For example, under Section 375(c) of our Penal Code, sexual intercourse with consent can still qualify as rape if such consent has been obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception...