What is the legality of prostitution in Malaysia?
In Malaysia, prostitution is illegal. However, it is a widespread and openly practiced activity in the country. Despite the strict laws in place, the enforcement of these laws is often inconsistent, and many people are involved in the sex industry. The Malaysian government has implemented various measures to combat prostitution, but the issue remains prevalent.
Prostitution in Malaysia is governed by several laws, including the Penal Code, the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (ATIPSOM), and the various state-level Islamic laws. The following are some of the key provisions related to prostitution:
- Section 372 of the Penal Code prohibits the buying and selling of sex, with penalties including imprisonment of up to 1 year and/or a fine.
- Section 373 of the Penal Code criminalizes the management and operation of brothels, with penalties including imprisonment of up to 5 years and/or a fine.
- ATIPSOM provides for the prosecution of human traffickers and the protection of trafficking victims, including those trafficked for the purpose of prostitution.
- State-level Islamic laws criminalize various aspects of prostitution, including soliciting, pimping, and patronizing, with penalties ranging from fines to imprisonment and whipping.
Law enforcement strategies related to prostitution in Malaysia include periodic raids on brothels and massage parlors, the arrest and prosecution of sex workers and their clients, and the provision of assistance to victims of human trafficking. However, these efforts are often hampered by corruption, inadequate resources, and a lack of coordination among different government agencies.
How is prostitution referred to locally in Malaysia?
In Malaysia, prostitution is often referred to as jual tubuh or selling the body. Other local terms for sex workers include pelacur (prostitute), wanita jalang (streetwalker), and pemandu karaoke (karaoke guide), the latter referring to women who work in karaoke bars and may engage in sex work.
What is the history of prostitution in Malaysia?
Prostitution has been a part of Malaysian society for centuries, with historical records indicating the existence of brothels and sex workers in the region as far back as the 15th century. During the colonial period, prostitution flourished in cities like Kuala Lumpur and Penang, catering to the needs of foreign traders, sailors, and workers. After Malaysia gained independence in 1957, the government enacted strict laws to curb prostitution, but these efforts have largely been unsuccessful in eradicating the practice.
In recent years, the Malaysian sex industry has been fueled by an influx of foreign sex workers, primarily from countries like Thailand, Indonesia, and Vietnam. Many of these women are trafficked into Malaysia and forced into prostitution, often working in brothels, massage parlors, and karaoke bars.
For those interested in learning more about prostitution in Malaysia and the related laws, the following resources may be helpful:
- UNODC Study on Prostitution in Malaysia: A comprehensive report on the Malaysian sex industry, including information on the legal framework, law enforcement efforts, and the experiences of sex workers.
- Malaysia’s Penal Code: The official text of the Penal Code, which includes provisions related to prostitution.
- Human Trafficking Data for Malaysia: A collection of data and resources related to human trafficking in Malaysia, including information on government efforts to combat the problem.
- 2021 Trafficking in Persons Report – Malaysia: An annual report by the U.S. Department of State that provides an overview of human trafficking in Malaysia and assesses the government’s efforts to combat the issue.