In civil cases, victims of sexual assault or harassment have the right to demand justice from the perpetrator. Here are some of the key rights that can be enforced through civil action:-
🔹 Right to Claim Indemnity
Compensation for trauma, suffering, medical costs & loss of income.
🔹 Right to Obtain a Court Order
An injunction or protective order that prohibits the perpetrator from approaching or harassing the victim.
🔹 The Right to Bring a Civil Action Separately from a Criminal Case
The victim can file a civil suit against the perpetrator even if the criminal case has not been initiated or has not been successfully proven in the criminal court.
🔹 Right to Engage Third Parties
Victims can sue employers, institutions, or organizations that fail to take appropriate steps to protect them from sexual harassment or assault, for example in the workplace.
Victims deserve justice and compensation through civil law! 💙
TYPES OF DAMAGES THAT CAN BE CLAIMED IN CIVIL CASES
In civil cases, there are several types of damages that can be claimed by the wronged party. Among them are:-
- General Indemnity
Compensation for losses that cannot be specifically calculated, such as pain, suffering, and loss of quality of life.
- Special Indemnity
Compensation for financial losses that can be accurately calculated, such as medical expenses, loss of income, or repair costs.
- Severe Compensation
Additional compensation if the plaintiff suffers emotional distress or distress as a result of the Defendant’s cruel or insulting actions.
- Exemplary Compensation
Given as punishment to the Defendant if their actions are extreme, malicious or tyrannical, as a lesson so that the offense is not repeated in the future.
There are many other types of damages that can be claimed with the permission of the Court.
NEGLIGENCE CLAIMS IN PERSONAL RELATIONSHIPS
In civil law, a person can file a negligence claim against a partner or another individual in a personal relationship if negligence causes physical, emotional, or financial harm.
- Elements of a Negligence Claim
- Duty of Care
- Breach of Duty
- Causation
- Recognizable Damages
- Examples of Negligence in Personal Relationships
- Physical & Emotional Abuse – A person may sue their partner for negligence if their actions cause injury or psychological trauma.
- Transmission of Sexually Transmitted Diseases (STDs) – If a person fails to inform their partner about an infection and transmits it, it may be considered negligence.
ARE ELECTRONIC EVIDENCE VALID IN COURT?
✅ Admissible if:
- It is relevant to the case
- It can be proven that the message was actually sent by the party involved
- It has not been altered or manipulated
How to Prove the Authenticity of Electronic Evidence?
🔹 Verification of the Sender’s Identity – Through phone numbers, email addresses, or other records.
🔹 Metadata – Includes date, time, and technical details of the message.
🔹 Screenshots & Digital Copies – Must be verified for authenticity.
🔹 Digital Forensics Experts – Can be used if the authenticity of the evidence is disputed.
BURDEN OF PROOF: CIVIL VS CRIMINAL CASES
In the legal system, there are two main standards of proof depending on the type of case.
📌 Civil Case (Balance of Probabilities) – In a negligence lawsuit, the Plaintiff only needs to prove that the Defendant is more likely to have caused the injury.
📌 Criminal Case (Beyond Reasonable Doubt) – In a robbery case, the prosecution must prove beyond a reasonable doubt that the accused actually committed the crime.
Civil cases are easier to prove because they only require a higher probability of being true. While criminal cases require stronger evidence because they involve severe punishments such as imprisonment or the death penalty.
AMIRA BINTI ZULKIFLI V HAIKAL BIN ANUAR [2018] 7 MLJ 123 (NOT REAL NAME)
In this case, the Plaintiff had been in a relationship with the Defendant for many years and the Defendant had promised to marry the Plaintiff in the future.
Throughout the relationship, the Plaintiff and the Defendant have already done sexual activities several times. However, the sexual activities were due to the Defendant’s coercion and without the Plaintiff’s willingness.
Eventually, the Plaintiff and the Defendant were arrested for khalwat and after the incident, the Defendant chose to sever ties with the Plaintiff.
The plaintiff had sought justice in court due to emotional distress, loss of dignity and to be compensated for all losses faced.
The Court held that on the balance of probabilities, there were sexual activities happen between the Plaintiff and the Defendant as alleged by the Plaintiff, and the Defendant was ordered to pay General Damages to the Plaintiff amounting to RM 100,000.00, interest and costs.
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