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Cross-border child sex crime law welcomed, but experts warn enforcement is key

Experts welcome Malaysia’s cross-border child sex crime law but stress stronger enforcement, global cooperation and prevention to better protect children.

PETALING JAYA: The government’s move to prosecute child sexual offenders beyond its borders may be a major step in closing legal loopholes, but experts say stronger enforcement, international cooperation and prevention efforts will be key to ensuring the law delivers real protection for children.

Universiti Teknologi Mara Social and Policy Studies lecturer Prof Dr Yarina Ahmad said the proposed amendment in the Sexual Offences Against Children (Amendment) Bill 2026 would close existing legal gaps by allowing Malaysian authorities to pursue offenders linked to Malaysia, even when child sexual offences are committed overseas.

“The amendment is very significant for Malaysia’s child protection movement. Many countries have already adopted similar legal provisions, and Malaysia is moving towards strengthening its framework.”

She cited the case of British paedophile Richard Huckle, who was convicted in the United Kingdom for abusing Malaysian children, as an example of how extraterritorial laws could enable offenders to be held accountable even when crimes are committed outside the country.

She added that such cases highlighted the need for stronger cross-border prosecution mechanisms as child sexual exploitation increasingly involves international networks.

“However, effective enforcement, technological expertise and prevention efforts must complement stronger legislation to address paedophilia, child grooming, exploitation and other forms of abuse.

“Legal improvement will help, but the more crucial aspect is implementation and enforcement. In most cases involving sexual offences, the challenges during enforcement are complex.”

Yarina said closer cooperation between Malaysia and other countries would be essential, especially as offenders increasingly use digital platforms to target victims across multiple jurisdictions.

“With technological advancement, communication and connections have become more sophisticated.

“This requires officers with adequate skills to understand artificial intelligence, online platforms used by perpetrators and financial transactions, including cryptocurrency.”

She added that protecting children required a collective effort involving enforcement agencies, schools, families, government bodies, NGOs and society as a whole.

“Strong laws, effective implementation and enforcement, together with grassroots support, are needed to address child sexual exploitation effectively.”

She also highlighted the challenges faced by child victims during cross border abuse investigations, adding that the reporting, investigation and court processes could be traumatic experiences that require proper support.

“When investigations involve children as victims, there are many risks and challenges. The process itself could be traumatic, and proper measures must be taken to help them cope.”

She also said Malaysia’s child protection system had improved since the introduction of the Sexual Offences Against Children Act 2017, with specialised police units and hospital-based response teams playing important roles.

However, she said technological changes and emerging social issues meant the country needed a more comprehensive approach.

“The amendment shows improvement in our child protection ecosystem, but there are still many issues at hand.

“It is not only sexual abuse, but also physical abuse, emotional abuse, drug-related issues and other social challenges.”

Yarina called for stronger prevention education in schools and greater efforts to strengthen family institutions, particularly as parents remain the first line of defence in protecting children online.

Meanwhile, divorce and child rights lawyer Shanker Sundaram said extending extraterritorial jurisdiction was a positive move that would prevent Malaysians from escaping accountability by operating across borders. “It is a good step moving forward.

It closes a legal loophole by ensuring Malaysians cannot simply cross a border to avoid accountability for child sexual offences.”

However, he said legislation alone would have limited impact without effective enforcement.

He added that evidence collection remained a major challenge in cross-border child sexual offence cases, as investigations often depend on foreign authorities and different legal systems, which could delay the process.

He also said Malaysia would need greater investment in digital forensic capabilities, specialised investigators and prosecutors to manage increasingly complex international cases.

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