Protection for Victims of Sexual Violence from Secondary Victimization: Lessons from Malaysian Regulations

Secondary victimization remains a serious concern for victims of sexual violence who encounter criminal justice institutions and public authorities in Indonesia and Malaysia. Although both countries have reformed their laws to strengthen victim protection, existing legal mechanisms do not always prevent victims from experiencing further psychological and institutional harm during legal proceedings. This study examines and compares the legal safeguards against secondary victimization established under Indonesia’s Sexual Violence Crimes Law and Malaysia’s Anti Sexual Harassment Act and identifies regulatory lessons for improving future victim protection. The study applies normative legal research supported by interviews with two psychologists and one gender expert. It employs statutory, case, and comparative approaches and draws on feminist legal theory and psychological perspectives on trauma. The findings demonstrate that, first, both countries address secondary victimization through rules governing professional competence, prohibited conduct, procedural safeguards, and mechanisms for resolving sexual violence cases. Second, Indonesian law regulates professional competence and prohibited conduct more comprehensively, but its reliance on judicial proceedings may place additional psychological pressure on victims. Malaysia provides an alternative mechanism through its tribunal system, although this approach also presents institutional and procedural challenges. Third, psychological perspectives reveal that formal legal proceedings may aggravate existing trauma when legal institutions fail to recognize victims’ experiences, vulnerabilities, and psychological needs.