Last April, a female student told her father that her male teacher had made rape jokes in class. The father made a complaint to the school authorities.
In her posting on social media, the girl said her male teacher had been explaining sexual harassment to the class before the conversation turned into jokes that became "weirder and more lewd".
The teacher allegedly said: "If you (male students) want to rape, don't rape someone under 18. Rape someone over 18."
She said the girls in her class were shocked to hear the joke, but the boys in her class were laughing.
She also said that the teacher had also allegedly said that "the boys who were raped did not report it because it felt good".
She informed the school counsellor. The latter apologised for the teacher's actions, but also said it was "normal" for male students to make such crude remarks in jest.
"Female teenage students, however, are a bit sensitive and emotional, and that too is natural," the counsellor told her.
The incident then became a police case. According to the then deputy inspector-general of police Datuk Seri Acryl Sani Abdullah Sani, police had begun their investigation and the case would be handed to the Attorney-General's Chambers.
A news report in May stated that the teacher had been transferred to the Selangor Education Department and would remain there until the police investigation is completed.
On Aug 5, this newspaper reported that police had completed the investigation and classified it as "No Further Action" (NFA).
According to Sungai Buloh police chief Superintendent Shafa'aton Abu Bakar, police had received the notice of NFA from the deputy public prosecutor.
Probably encouraged by the NFA classification, the teacher then filed a RM1 million defamation suit against the schoolgirl and her father.
They had just received a letter of demand from the teacher's lawyers. They were given seven days to comply with the demand, failing which further legal action will be taken against them.
In its coverage of the case, the South China Morning Post stated that dozens of "influential Malaysian civil society groups" had expressed "dismay and alarm" at the teacher's defamation suit against the schoolgirl and her father.
Meanwhile, Sankara Nair, a lawyer acting for the schoolgirl and her father, said that his clients intend to file a RM5 million countersuit against the teacher.
No details, however, had been given of the countersuit. If the case goes to trial, it will be worth watching until the end.
It also reminds me of Mohd Ridwan v Asmah (2016), a Federal Court decision. In that case, a senior male officer at a GLC (company) had committed sexual harassment against his female subordinate officer.
The latter had lodge a complaint with her employer, but the employer refused to take any disciplinary action, although the male officer's contract of employment was not renewed.
Later, the male officer (plaintiff) filed a defamation suit against the female subordinate officer (defendant), to which the latter retaliated by filing a counterclaim for damages for sexual harassment. In June 2016, the Federal Court held in her favour, finding that sexual harassment has been proved.
There are five forms of sexual harassment — verbal, non-verbal or gestural, visual, psychological and physical harassment. Making offensive remarks, suggestive comments, or lewd jokes, are examples of verbal harassment.
While Ridwan's case concerned a working environment, the principles laid down by the Federal Court (as reproduced below) apply equally to a school environment.
"Sexual harassment is a very serious misconduct and in whatever form it takes, cannot be tolerated by anyone. In whatever form it comes, it lowers the dignity and respect of the person who is harassed, let alone affecting his or her mental and emotional wellbeing. Perpetrators who go unpunished, will continue intimidating, humiliating and traumatising the victims thus resulting, at least, in an unhealthy working environment."
If the NFA issued by the prosecutor implies that the teacher in the instant case has not done anything wrong towards his students, then it is indeed a sad day for our education system.
If the Education Ministry presently does not provide awareness training in sexual harassment for its teachers, it should seriously consider doing it soon.
The writer was a federal counsel at the Attorney-General's Chambers and visiting professor at Universiti Teknologi Malaysia. He is now a full-time consultant, trainer and author
