Malaysia legislation
Section 15
Section 15
“Sexual performance by a child 15a. (1) Any person who—
The principal Act is amended by inserting after section 26
the following sections:
“Order for payment of compensation to a child victim 26a. (1) The court before which a person is convicted of any offence under this Act, or any offence specified in the Schedule where the victim is a child, may make an order against the convicted person for the payment by him of a sum to be fixed by the court as it deems just and reasonable as compensation to a child victim in respect of the injury suffered by the child victim as a result of the offence committed.
(2)
Where the person convicted of an offence referred to in subsection (1) is a child, the court shall make an order for the payment of the compensation to be made by the child’s parent or guardian.
(3)
Where the child victim is deceased, the court shall make an order for the payment of compensation to be made to a representative of the deceased child victim.
(4)
The court shall, in making an order under subsection (1), take into consideration any factor which the court thinks fit including—
(a)
the nature and seriousness of the offence committed;
(b)
the physical or emotional injury suffered by the child victim;
(c)
the expenses incurred by the child victim, including expenses for treatment, rehabilitation or counselling of the child victim;
(d)
the damage to, or loss of, property suffered by the child victim; and
(e)
the ability of the convicted person to pay or where the convicted person is a child, the ability of the parent or guardian of the child to pay.
(5)
For the purpose of making an order under subsection (1), the court may hold an inquiry as it thinks fit.
(6)
Where the court makes an order for payment of costs of prosecution under section 426 of the Criminal Procedure
Code against the convicted person in respect of any offence under this Act, or any offence specified in the Schedule where the victim is a child, an order for payment of compensation under this section shall have priority over an order for the payment of costs of prosecution.
(7)
To the extent of the amount which has been paid to the child victim, or to the representatives of the child victim, under an order for payment of compensation, any claim of such child victim or representatives of the child victim for any injury, damage or loss suffered by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy by the child victim or by the representatives of the child victim against the convicted person for the damages beyond the amount of compensation paid under the order.
(8)
Every order made by the court under this section shall be appealable to the High Court.
Provisions as to payment of compensation 26b. (1) Where the person convicted of any offence under this Act, or any offence specified in the Schedule where the victim is a child is ordered to pay any sum as compensation under section 26a, the court making the order may do all or any of the following:
(a)
allow time for the payment of that sum;
(b)
direct payment of that sum by installments;
(c)
issue a warrant for the levy of that sum by distress and sale of any property belonging to the convicted person;
Sexual Offences against Children (Amendment)
(d)
direct that in default of payment or of a sufficient distress to satisfy such sum, the convicted person shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence:
Provided that where time is not allowed for the payment of that sum, an order for imprisonment in default of payment shall not be issued in the first instance unless it appears to the court that the convicted person has no property or insufficient property to satisfy the sum payable or that the levy by way of distress will be more injurious to him or his family than imprisonment;
(e)
direct that the convicted person be searched and that any money found on him when so searched or which in the event of his being committed to prison, may be found on him when taken to prison shall be applied towards the payment of that sum, the surplus, if any, being returned to him:
Provided that such money shall not be so applied if the court is satisfied that the money does not belong to the convicted person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment.
(2)
The term for which the court directs the convicted person to be imprisoned in default of payment or of a sufficient distress to satisfy any sum shall not exceed the following scale:
When the money to be paid does not exceed RM500
… … … …
One month
When the money to be paid exceeds
RM500 but does not exceed RM1000 … … … …
Two months
In any other case
… … … …
Six months
(3)
The imprisonment which the court imposes under this section shall terminate whenever the money is paid or levied by process of law.
(4)
If before the expiration of the time of such imprisonment such a proportion of the money is paid or levied that the time of imprisonment suffered is not less than proportional to the part of the money still unpaid, the imprisonment shall terminate.
(5)
A warrant for the levy of any such sum may be executed at any place in Malaysia but if it is required to be executed outside the State where it is issued, the warrant shall be endorsed for that purpose by a Judge or a First
Class Magistrate having jurisdiction in the State where it is to be executed.”.