Mandatory Reporting System for Domestic Violence Cases: A Comparative Legal Analysis

Domestic violence is a worldwide phenomenon that cuts across different cultural and social backgrounds. In Malaysia, the government and NGOs have made many efforts to curb domestic violence. For instance, the Domestic Violence Act 1994 (DVA) supports victims in protection and investigation. Nevertheless, many victims often refuse to lodge a police report on domestic violence. Hence, this article aims to explore the viability of the mandatory reporting system for domestic violence cases in Malaysia. This study employs a doctrinal approach and a comparative study with selected jurisdictions. This study examines statutory provisions, case laws and other literature. For primary data collection, an interview with respondents from the Royal Malaysian Police (RMP), healthcare, and social welfare departments was conducted. This study highlights the relevant features and effectiveness of the mandatory reporting systems in other jurisdictions through comparative analysis. This study concludes that the systems applicable in other jurisdictions can be used and adopted as a guideline in Malaysia.