No need for Malaysia to consider chemical castration, say experts

There is no need for Malaysia to consider employing chemical castration as a punishment for sex offenders, even repeat offenders, say two lawyers and a criminologist.

Association of Women Lawyers president Jasmine Wong said the punishment rests on the flawed assumption that sexual violence is driven by libido or uncontrollable urges, whereas research shows otherwise.

“The research is fairly consistent that rape and sexual violence are driven by power, control, gender inequality, and a culture where such violence is normalised. Treating it as something you can medically suppress misdiagnoses the actual problem,” she told FMT.

Wong also said the punishment would clash with the constitutional right to bodily integrity and personal liberty, raising a key conundrum: can non-consensual medical intervention be imposed as a punishment here?

Since Malaysia has not ratified international treaties prohibiting cruel punishments, she said it would ultimately fall to the courts to decide whether chemical castration is appropriate, should efforts be made to introduce it.

Wong also voiced concern that the punishment could be applied inconsistently, noting that Malaysia’s criminal justice system already suffers from certain inequalities.

“Access to good legal representation, social standing and resources already shape who gets convicted, and how harshly. A punishment this invasive, layered onto a system with those existing inequalities, risks becoming another tool that hits some offenders harder than others rather than serving as a genuine deterrent.

“In a climate where conservative and authoritarian impulses are already gaining ground, I’d be very wary of legitimising this kind of state intervention over the body,” she added.

Former Bar Council president Salim Bashir said there is no scientific evidence that chemical castration could serve as a silver bullet in curbing sexual violence, adding that the punishment itself is inhumane, degrading and carries excessive consequences.

Salim said convicted sexual offenders would be better off with close monitoring and regulation by the police after serving their jail sentences.

“A holistic approach must be carved out to manage their daily routines, with positive activities to help them handle sexual thoughts and behaviours so they do not engage in sexually abusive behaviours,” he added.

On Tuesday, Singapore’s home minister K Shanmugam said the republic was open to considering chemical castrations for sex offenders if there was conclusive evidence that it could reduce such sexual crimes.

However, he said the evidence supporting the punishment remained inconclusive.

Countries like Korea, Indonesia and Kazakhstan have mandated the punishment for certain categories of sex offenders — particularly those who commit offences against minors — while Thailand, Denmark, Germany and Sweden offer chemical castration on a voluntary basis.

Not all sexual offences driven by same motivation

Criminologist P Sundramoorthy of Universiti Sains Malaysia said sexual offences are driven by various motivations. He said some perpetrators act in response to compulsive sexual urges, while others are motivated by power, control, anger, substance abuse, or broader social factors.

This means chemical castration would only address one component driving the offending behaviour, he said.

Sundramoorthy also said the measure would only reduce an offender’s sex drive, but cannot eliminate attitudes, fantasies, cognitive distortions, aggression, desire for power and control, or the capacity to exploit vulnerable victims.

While there has been evidence that the measure could reduce recidivism among some convicts, this does not mean it would work across all categories of offenders, he said.

“We should first establish a proper framework for identifying high-risk offenders, assessing the causes of their offending and determining what intervention is most appropriate for each individual.

“If chemical suppression is eventually considered, it should be based on clinical assessment, judicial oversight, informed consent or a very clearly defined legal framework, regular medical monitoring and periodic risk assessment,” he said.

Malaysian law severe enough, but can be bolstered

Wong said Malaysia’s existing punishment for sex offences was severe enough, though some improvements could be made in the monitoring and rehabilitation for convicted offenders.

She said, presently, sexual assault on a child is punishable with up to 20 years in prison, while aggravated rape could see a convict punishable by the maximum 30-year jail term.

“The current police supervision is limited in scope and duration. We could consider extending police supervision beyond three years and implement a tiered risk-based monitoring system.

“And, of course, rehabilitation shouldn’t be left to judicial discretion. Psychological evaluation, therapy, and counselling should be compulsory, not something that depends on which judge you’re in front of,” she said.

Wong also urged the government to enhance the functions of its sex offender registry by making screening mandatory for individuals applying for roles that involve dealing with children.

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