SHAH ALAM, March 8 — Better evidence collection, specialised investigations and stronger support for survivors could help ensure more rape cases proceed to prosecution, said criminal lawyer Rajsurian Pillai.
He said sexual offence cases are often difficult to prosecute as they typically occur in private settings, where physical evidence or independent witnesses may be limited.
“The most common factor is lack of sufficient evidence. Sexual offences often occur in private or isolated settings without witnesses.
“In many cases there may also be no CCTV footage, forensic evidence, or DNA evidence, which makes it difficult to establish the case beyond reasonable doubt,” he told Media Selangor in response to recent data showing a gap between reported cases and those brought to court.
Rajsurian also said delays in lodging police reports may also affect the availability of physical or forensic evidence that could support investigations.
On February 24, Home Minister Datuk Seri Saifuddin Nasution Ismail said Selangor recorded the highest number of rape cases in the country between 2015 and 2025.
In a parliamentary written reply, he said Royal Malaysia Police (PDRM) investigated 17,609 rape cases nationwide during the 11-year period, averaging more than four cases a day.
Of the cases investigated, 7,090 resulted in charges being filed in court. Selangor recorded the highest number with 3,392 cases, of which 1,575 were brought to court.
Johor was second with 2,006 cases and 806 charges, followed by Sabah with 1,817 cases and 505 charges, and Kedah with 1,465 cases and 465 charges. Meanwhile Perlis recorded the lowest number, with 275 cases and 116 charges.
Rajsurian said many cases revolve around the issue of consent rather than whether sexual intercourse occurred, which can make the evidential process more complex.
“Consent is essentially a state of mind, so the court often has to infer it from surrounding circumstances, behaviour, and communication between parties,” he said.
Support for survivors crucial
Rajsurian said survivors often face psychological challenges throughout the legal process, like trauma, which can affect memory and sometimes results in fragmented recollections or timeline inconsistencies.
While this is a recognised trauma response, he said such inconsistencies may be closely scrutinised during cross-examination in court.
“The investigation and court process can be psychologically demanding. Victims may have to recount their experiences multiple times during investigations and in court, which can be very difficult for them,” he said.
Rajsurian said in Malaysia, a significant number of cases involve minors, particularly in statutory rape where parties may have been willing participants but the victim is legally incapable of giving consent due to age.
He also said in some of these cases, families may intervene and attempt to “settle” the matter privately, which can result in the matter not progressing.
According to him, some survivors may feel discouraged from continuing with a case due to fears of aggressive cross-examination, public exposure, social stigma, and retaliation.
To strengthen prosecution, Rajsurian said improvements should focus on earlier and more effective evidence gathering.
“Prompt medical examinations, proper preservation of forensic evidence, and quicker access to CCTV or digital evidence can significantly strengthen a case,” he said.
Rajsurian also called for continued training for police investigators handling sexual offence cases to ensure statements are recorded carefully and sensitively while preserving important evidential details.
“Better support systems for survivors are important (too). Providing counselling, legal guidance, and victim support throughout the investigation and court process may help survivors feel more able to continue with the case.
“Ultimately, the discretion to institute charges in court lies with the public prosecutor,” the lawyer said.
