Zero Tolerance: How the Maldives Built One of the World’s Strongest Child Protection Regimes

Protection of Child Rights Act
(Law Number: 19/2019 of the Maldives)

Enacted on 20 November 2019, The Protection of Child Rights Act (Law Number 19/2019) is the primary legislative framework governing the rights, welfare, and protection of children in the Republic of Maldives. It repealed the former Child Rights Protection Act (Law Number 9/91) to establish a comprehensive modern legal regime aligned with international standards, notably the United Nations Convention on the Rights of the Child (UNCRC).

Key Objectives and Scope

• Primacy of the Best Interests of the Child: Establishes that in all actions concerning children—whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies—the best interests of the child shall be a primary consideration.
• Comprehensive Rights Framework: Guarantees civil, political, economic, social, and cultural rights, including the right to life, survival, development, a name, nationality, and family relations.
• Institutional Mandates: Defines and empowers key state agencies—primarily the Ministry responsible for social services, the Child and Family Protection Service (CFPS), and the Maldives Police Service (MPS)—to intervene, protect, investigate, and manage child welfare cases.

Structure of the Act

The Act is organised into multiple chapters addressing state obligations, parental responsibilities, reporting mechanisms, investigative powers, protective measures, and criminal offences committed against children:

1. Fundamental Principles & Rights: General principles of non-discrimination, participation, and protection from violence, abuse, and exploitation.
2. Reporting Mechanisms & Child Helpline: Establishes mandatory reporting duties, confidentiality safeguards, protection for whistleblowers/reporters in good faith, and a 24-hour toll-free Child Helpline (Chapters 13).
3. Investigations & Temporary Assessment Orders: Outlines the powers of police and social services to investigate welfare concerns, enter premises, and obtain court-issued temporary assessment orders (Chapter 14).
4. Care, Protection, & Supervision Orders: Details the legal thresholds for issuing protection orders (placing a child in alternative care) and supervision orders (monitoring child wellbeing within the family home) (Chapter 16).
5. Offences Against Children: Codifies specific criminal offences, including child exploitation, grooming, neglect, failure by institutions to protect children, and failure to report abuse, carrying stringent custodial sentences (Chapter 22).

IMPORTANT CHAPTERS TRANSLATED BY Etruth.mv BELOW:

Chapter 13: Reporting Child Protection Cases

Establishment of a Reporting System

(a) Within 6 (six) months from the commencement of this Act, the Minister shall establish a system for reporting cases under this Act and publicise the same. 

(b) The purpose of the reporting system specified in subsection (a) of this section is to establish a confidential reporting or referral system to verify circumstances where a child is considered to be in need of care and protection under section 69(a) of this Act, and to facilitate the investigation and resolution of such cases.

Persons Who May Report

A report concerning a child may be made by any of the following persons: 

(a) Children in need of care and protection; 

(b) Parents of a child in need of care and protection; 

(c) A relative of a child in need of care and protection; 

(d) Neighbours of a child in need of care and protection; 

(e) Staff members of the school attended by a child in need of care and protection; 

(f) A doctor or any other healthcare provider of a child in need of care and protection; and 

(g) Any other person possessing information regarding a child in need of care and protection.

Duty to Report

Any person who reasonably believes that a particular child is in need of care and protection shall report the matter to the Child and Family Protection Service or the Maldives Police Service.

Measures to Be Taken Regarding Reports Made

(a) Upon receipt of a report or submission of a case to the Child and Family Protection Service under this Act, the said Service shall take the following actions:

1. Provide advice to the reporting person;
2. If the reported matter concerns an unborn child, provide guidance and assistance to the mother and father of the child, and facilitate the assistance of the child’s father to the mother;
3. If the child concerned is in need of care and protection, provide the child with the requisite protection;
4. Provide necessary guidance and assistance to the child as well as the child’s family;
5. Conduct case conferences with relevant institutions in examining the case, and notify any other institution of matters that require their attention;
6. Maintain records of reported cases. 

(b) The records specified in subsection (a)(6) of this section shall be submitted every 4 (four) months to the relevant committee of the People’s Majlis. 

(c) Upon receipt of a report or submission of a case to the Maldives Police Service under this Act, the said Service shall take the following actions:

1. Notify the Child and Family Protection Service of the case information as soon as possible;
2. Perform the actions specified in subsections (a)(1) through (a)(6) of this section.

Protection Afforded to Reporting Persons

Where a person reports a case under this Act in good faith, that person shall be afforded the following protections: 

(a) The making of the report shall not be deemed a breach of professional ethics or conduct; and 

(b) No legal action shall be taken against the reporting person by reason of having made the report.

Confidentiality of Reporting Person’s Information

In connection with any case submitted to the Child and Family Protection Service or the Maldives Police Service under this Act, the name of the reporting person or any other information tending to reveal their identity shall not be shared with any third party.

Child Helpline

(a) A 24-hour child helpline accessible to every child in the Maldives shall be established within the Child and Family Protection Service. 

(b) The child helpline shall be designed as a toll-free service when children require assistance and protection. 

(c) The child helpline established under subsection (a) of this section shall operate independently and transparently. 

(d) Arrangements shall be made through the child helpline to provide information regarding children’s rights and the methods by which cases may be submitted for children in need of care and protection. 

(e) Information regarding the child helpline shall be widely publicised by the Child and Family Protection Service. 

(f) Statistics concerning cases submitted to the child helpline shall be compiled and published on the Ministry’s website at least once a year.

Chapter 14:
Investigation and Temporary Assessment Orders Investigation

(a) Where there are reasonable grounds for the police or the Child and Family Protection Service to believe that a child is in need of care and protection, the police shall have the power to investigate the matter, or the Child and Family Protection Service shall have the power to conduct a social inquiry assessment, in order to ascertain the child’s circumstances. 

(b) If a case concerning a child is submitted to the Maldives Police Service, information regarding the case shall be shared with the Child and Family Protection Service as soon as possible. 

(c) In any case reported to the police where it is believed that an offence has been committed against a child, the police shall immediately notify the Child and Family Protection Service and any other relevant authorities. 

(d) In any case submitted to the Child and Family Protection Service where that Service suspects that an offence has been committed against a child, the matter shall be referred to the Maldives Police Service without delay in order for it to be investigated. 

(e) If a child is reported to the police or the Child and Family Protection Service as being in need of care and protection, the matter shall be investigated as soon as possible, and necessary measures shall be taken to protect the child’s best interests. 

(f) Investigations conducted under this section shall be carried out by officers specially trained in investigating such cases. 

(g) In conducting an investigation as specified in this section, the police shall have the power to:

1. Enter and search any place or building with the consent of the persons therein or the owner thereof, or forcibly if consent is refused;
2. Seize items from such place or building that are believed to be important as evidence for the investigation;
3. Photograph, film, and video-record the place and items located therein; and
4. Order various parties to provide truthful information and answer questions necessary for the investigation to the best of their knowledge. 

(h) Except in the following circumstances, the powers specified in subsection (g) of this section shall be exercised under a court order:

1. If the occupants refuse entry to a place or building, or entry cannot be gained; and
2. Where there is sufficient evidence to believe that delaying entry until a court order is obtained would pose a danger to the child, provided an officer of the rank of Sub-Inspector of Police or above has granted authorisation to enter. 

(i) When exercising the powers specified in subsection (g) of this section, employees of the Child and Family Protection Service may be included alongside the police, having regard to the circumstances and necessity of the case. 

(j) No party shall be compelled to disclose information or communication protected by legal privilege. 

(k) In issuing a court order specified in this section, the general procedures applicable under the Criminal Procedure Code regarding the issuance of search warrants for premises shall apply.

Informing Parents of Investigation Details

(a) When commencing an investigation carried out to ascertain the nature of harm suffered or likely to be suffered by a child, or to determine the protection required by the child, information regarding the nature of the risk or harm facing the child shall be provided without delay to one or both of the child’s parents. 

(b) Upon completion of the investigation, the results of the investigation shall be provided to one or both of the child’s parents. Where the parents request such information in writing, the information shall be provided in writing. 

(c) In the following circumstances, the investigating authority shall have the discretion to provide only such information to the parents as is strictly necessary at that time:

1. Where a criminal charge may potentially be brought against any party in connection with injury or harm caused to the child, and disclosure of information by the authority pursuant to subsection (b) of this section is deemed likely to hinder the investigation of such offence; or
2. Where the danger facing the child is believed to emanate from the child’s parents, and acting in accordance with subsection (b) of this section creates a likelihood of harm befalling the child.

Temporary Assessment Order

79.

If the consent of a child’s parents or guardian cannot be obtained to carry out necessary actions during an investigation conducted to determine whether a child is in need of care and protection, or if circumstances arise where the consent of the parents or guardian cannot be sought, an application may be made to the court for a temporary assessment order.

Application for a Temporary Assessment Order

(a) An application for a temporary assessment order specified in section 79 of this Act may be made to the court by the Child and Family Protection Service or the Maldives Police Service. 

(b) When applying to the court for a temporary assessment order under subsection (a) of this section, the following shall be fulfilled:

1. The specific ground relied upon out of those specified in section 79 of this Act; and
2. The actions requested to be carried out under the order.

Issuance of a Temporary Assessment Order

(a) A temporary assessment order shall not be issued by a court unless all matters requiring clarification in relation to an application made under section 80(a) of this Act have been clarified, and the grounds specified in section 79 of this Act have arisen. 

(b) A court shall issue a temporary assessment order in respect of any child only if it is satisfied that an investigation needs to be conducted to ensure the child is in need of care and protection, and that such investigation cannot be properly conducted without a temporary assessment order. 

(c) In the circumstances specified in section 78(c) of this Act, a temporary assessment order may be issued by the court without providing information regarding the application to the child’s parents or without obtaining their statements.

Powers Conferred by a Temporary Assessment Order

(a) A temporary assessment order issued by a court may empower the Child and Family Protection Service or the Maldives Police Service to do any one or more of the following:

1. Maintain contact with the child;
2. Where the child is an injured or sick child, have necessary medical examinations performed on the child and provide healthcare; and
3. Where the danger facing the child emanates from the child’s parents, direct the parents not to have any direct or indirect contact with the child except in the presence of a specified designated party. 

(b) A temporary assessment order may authorise the taking of all necessary steps to enter a place where the child is believed to be and locate the child, provided the following are fulfilled:

1. The child’s parents, guardian, or other person having temporary custody of the child refuses entry to the place, or the whereabouts of the child are unknown; and
2. Entering the place is important for the optimal execution of the order. (
3. c) After entering a place specified in subsection (b) of this section, the officer examining the case under this section shall have the power to remain in such place in order to exercise their powers in the most effective manner.

Duration of a Temporary Assessment Order

(a) A temporary assessment order issued by a court under this Act shall state the period for which the order remains in force. 

(b) The period specified in subsection (a) of this section shall not exceed 5 (five) days from the date the order is issued by the court. 

(c) If the duration of the order is not extended, the order shall expire upon the lapse of the period specified therein.

Extension and Cancellation of a Temporary Assessment Order

(a) The Child and Family Protection Service or the Maldives Police Service may apply to the court for an extension of the duration of a temporary assessment order issued in respect of a particular child. 

(b) Applications for the extension of a temporary assessment order under this section shall follow the procedure applicable to applications for an initial temporary assessment order. 

(c) A court shall decide to extend the duration of a temporary assessment order only if the purpose for which the order was issued has not been achieved despite reasonable efforts having been made to achieve it. 

(d) Upon an application made to the court to extend the duration of a temporary assessment order, such order shall not be extended for a period exceeding 5 (five) days.

(e) If the applicant for the order deems that a temporary assessment order issued under section 81 of this Act is no longer necessary, they shall apply to the court for the cancellation of the order.

Procedure Prior to Entering Premises

(a) Where an officer of the Child and Family Protection Service or the police enters premises pursuant to a temporary assessment order, they shall act in accordance with this section. 

(b) Before entering premises, reasonable efforts shall be made to do the following:

1. Inform any person present at the premises of the officer’s identity;
2. Provide the owner or person in charge of the premises with a copy of the order authorising entry and search;
3. Inform the owner or person in charge of the premises that the officer has the power to enter the premises and locate the child specified in the order; and
4. Afford that person the opportunity to grant permission to enter and search the premises without the use of any force. 

(c) Identification document evidencing the officer’s identity under subsection (b)(1) of this section shall be shown to the person present at the premises. 

(d) Where the owner or person in charge of the premises is absent upon entry under this section, the actions specified in this section may be carried out in the presence of another person capable of protecting the interests of the owner.

Clarification of Matters in a Temporary Assessment Order

Upon the issuance of a temporary assessment order concerning a child, the following shall be done without delay: 

(a) Provide a copy of the order to at least one of the child’s parents; 

(b) Explain the contents of the order and its implications to that party; and 

(c) Inform the child’s parents or guardian of their right to appeal the order.

Provision of Information Regarding Orders

If an application for a temporary assessment order is made to the court by the Maldives Police Service, information relating thereto and a copy of the order shall be submitted to the Child and Family Protection Service.

Chapter 16: Protection Orders and Supervision Orders

Protection Orders

(a) A protection order is an order issued by the court directing that a child, who has been placed in the temporary care of another party under section 88(a) of this Act, remain in the care of the party to whom temporary care was entrusted, until the child is returned to their parents or guardian, or until alternative permanent protection arrangements are made for the child. 

(b) The court shall issue a protection order only where it is satisfied that the child concerned is in need of care and protection, and that leaving the child in their existing living environment creates a likelihood of further harm to the child. 

(c) Upon the issuance of a protection order specified in subsection (a) of this section by the court, the rights of the child’s parents or guardians shall be restricted to the extent specified in the order. In such circumstances, the primary responsibility for the care of the child shall transfer to the State.

State Obligations Under a Protection Order

(a) For the duration of a protection order, the Child and Family Protection Service shall be responsible for performing the following duties:

1. Provide the necessary care and protection to the child who is the subject of the order for as long as the order remains in force;
2. Discharge in relation to the child those parental responsibilities that the child’s parents ought to bear;
3. Maintain contact with the child and provide guidance and assistance to the child; and
4. Take all necessary actions to execute the terms of the order. 

(b) Where a protection supervision order has been issued in respect of a child, the Child and Family Protection Service shall have the discretion to facilitate arrangements for the child’s parents to meet with the child for the purpose of maintaining contact. 

(c) The Child and Family Protection Service shall exercise the discretion conferred under subsection (b) of this section only where it is in the best interests of the child to do so.

Contact Between Children in Care and Parents

(a) During the period a child is maintained under the care of the Child and Family Protection Service, the Service shall facilitate reasonable opportunities for the child to maintain contact with their parents. 

(b) Upon application by the Child and Family Protection Service or by the child, the court may issue an order specifying the terms it considers most appropriate for a designated person to meet or maintain contact with the child. 

(c) Upon application by the child’s parents, the court may issue an order specifying the terms it considers most appropriate for a designated person to meet or maintain contact with the child. 

(d) Upon application by the Child and Family Protection Service, the child, or any party specified in an order issued under this section requesting a variation of such order, the court shall have the discretion to vary the order. 

(e) Prior to issuing an order regarding child care and contact, the court shall undertake the following:

1. Review the arrangements made, or proposed to be made, by the Child and Family Protection Service for contacting such child as specified in this section; and
2. Summon the relevant parties to court to obtain their views and opinions in order to ascertain their perspective regarding those arrangements.

Supervision Orders

(a) A supervision order is an order issued by the court—upon submission of a case to court under section 89(a) of this Act concerning a child placed in temporary care under section 88(a) of this Act, or upon an application for a supervision order under section 89(b)(2) of this Act—empowering the Child and Family Protection Service or the Maldives Police Service to closely monitor the child’s conduct and wellbeing without separating the child from their parents or guardian, while the child continues to reside with their guardians, to determine whether the child is at risk of harm within that environment. 

(b) Where a supervision order is issued by the court under subsection (a) of this section, the Child and Family Protection Service or the Maldives Police Service shall be ordered to inspect and monitor matters concerning the child. The designated authority shall remain accountable to the court in respect of the order, as determined by the court.

Right to Respond and Right of Appeal

Prior to issuing a protection order under section 90 of this Act or a supervision order under section 93 of this Act, the court shall afford the child’s parents or guardians an opportunity to respond. Where any such order is issued by the court, the child’s parents or guardians shall also have the right to appeal the order.

Chapter 22: Certain Offences Committed Against Children

Offence of Exploiting Children

(a) In the following circumstances, a person who commits any of the following acts commits an offence:

1. Compelling, threatening, or deceiving a child into working; or
2. Compelling, threatening, or deceiving a child to generate a benefit for another person; or
3. Using a child in the commission of a criminal offence; or
4. Recruiting or grooming a child for the purpose of committing a criminal offence. 

(b) The penalty for a person who commits an offence specified in subsection (a) of this section shall be imprisonment for a term of 3 (three) years. 

(c) Where an offence specified in subsection (a) of this section is committed by a person occupying a position of trust over a child, the penalty for the offence shall be imprisonment for a term of 5 (five) years.

Offence of Grooming

(a) Grooming a child for the purpose of sexually abusing that child constitutes an offence. 

(b) Grooming a child’s mother, father, guardian, or person entrusted with the care of the child for the purpose of sexually abusing the child constitutes an offence. 

(c) For the purposes of subsection (a) of this section, grooming a child means offering money or any other material object to the child, establishing an emotional relationship with the child, and attempting to gain the child’s trust in order to commit any of the acts specified in that subsection against the child. 

(d) For the purposes of subsection (b) of this section, grooming a child’s mother, father, guardian, or person entrusted with the care of the child means offering money or any other material object to such a person, establishing an emotional relationship with them, and attempting to gain their trust in order to commit any of the acts specified in that subsection against the child. 

(e) The penalty for a person who commits an offence specified in subsection (a) of this section shall be imprisonment for a term of 10 (ten) years.

(f) Where an offence specified in subsection (a) of this section is committed by a person occupying a position of trust over a child, the penalty for the offence shall be imprisonment for a term of 15 (fifteen) years. 

(g) The penalty for a person who commits an offence specified in subsection (b) of this section shall be imprisonment for a term of 5 (five) years.

Offence of Child Neglect

(a) Where a person who has a duty to provide care and protection to a child intentionally commits an act likely to impair the health, safety, or welfare of the child, or fails to take necessary measures to prevent such an act resulting in harm to the child, that person commits an offence. 

(b) For the purposes of subsection (a) of this section, a duty to provide care and protection to a child includes the duty of a person of the type specified in that subsection to safeguard the child from harm and to provide the child with a safe environment. 

(c) For the purposes of subsection (a) of this section, a child’s mother, father, guardian, or person entrusted with the care or custody of the child shall be deemed to be a person having a duty to provide care and protection to the child. 

(d) The penalty for a person who commits an offence specified in subsection (a) of this section shall be imprisonment for a term of 3 (three) years.

Neglecting to Protect a Child from Acts of Harm

(a) Where a person working in a child-related institution, knowing that there is a risk of harm being caused to a child by another person working at that place, and it being within their power to prevent or mitigate that risk, fails to do so, that person commits an offence. 

(b) For the purposes of subsection (a) of this section, child-related institutions include the following places:

1. Child care institutions;
2. Child detention centres;
3. Educational facilities for children;
4. Sports facilities;
5. Healthcare facilities; and
6. Any other institutions providing treatment or services to children. 

(c) For the purposes of subsection (a) of this section, a person working in a child-related institution includes staff members, contract workers, and volunteers. 

(d) The penalty for a person who commits an offence specified in subsection (a) of this section shall be imprisonment for a term of 3 (three) years.

Failure to Report an Offence of Harm Against a Child

(a) Knowing that a person or persons are committing any of the following acts against a child, failing without reasonable cause to report the same, specifically to the police, the Family Protection Authority, or a state institution working in the interests of children, constitutes an offence:

1. Sexual abuse;
2. Gross physical or psychological harm;
3. Acts of exploitation. 

(b) The penalty for a person who commits an offence specified in subsection (a) of this section shall be imprisonment for a term of 2 (two) years. 

(c) Where a person commits an offence specified in subsection (a) of this section and has accepted any benefit of any kind for failing to report the offence, the penalty for that person shall be imprisonment for a term of 5 (five) years.

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Executive Summary: 

This Act establishes a stringent, specialized legal framework designed to prosecute perpetrators of sexual offences against children, restrict accused rights during proceedings, enforce strict state monitoring post-conviction, and provide comprehensive redress and support for victims.

Key Statutory Provisions

1. Scope of Offences & Penalties
(Part II, Sections 3–23)

• Direct Sexual Acts & Exposure:
  Prohibits intentional touching with sexual intent, involving a child in sexual acts, or performing/forcing a child to observe sexual acts (Penalties range from 7 to 14 years imprisonment).
• Positions of Trust:
  Enhanced custodial sentences (15 to 18 years) apply if the offence is committed by a person in a position of trust (e.g., parents, guardians, teachers, healthcare workers, or employers).
• Family Incest & Exploitation:
  Engaging in sexual acts with a family member, compelling prostitution, or producing child pornography carries severe penalties of 20 to 25 years imprisonment.
• Intoxication:
  Administering any substance to impair a child’s cognitive faculties or self-determination to carry out a sexual act carries a fixed penalty of 25 years imprisonment.

2. Doctrine of Consent
(Part III, Sections 24–25)

• Under 13 Years:
  Children under 13 are legally incapable of giving consent; any purported consent is strictly null and void.
• 13 to 18 Years:
  Non-consent is legally presumed unless proven otherwise in court.

3. Restriction of Constitutional Rights & Custody
(Parts IV & V, Sections 26–36)

• Right to Silence Suspended:
  Suspects detained under this Act are explicitly denied the constitutional right to remain silent (Section 27).
• Mandatory Detention:
  Restricts the constitutional right to pre-trial release. Suspects may be remanded throughout the investigation and trial stages to protect public safety and prevent witness tampering (Section 28).
• Court Procedures:
  Permits interim 30-day detention orders (extendable by an additional 30 days) and full detention orders until trial conclusion, subject to periodic judicial review (Sections 33, 35, & 36).

4. Evidentiary Standards & Trial Procedures
(Part VII, Sections 46–48)

• Lowered Standard of Proof:
  A charge is deemed proven beyond reasonable doubt if at least 5 out of 12 specified categories of evidence are presented (e.g., video recordings, forensic data, child statements given to trusted figures/investigators, or medical corroboration) (Section 47).
• Child-Friendly Evidence Collection:
  Child testimony must be taken out-of-court in a familiar environment via video-recorded interviews in the presence of trusted individuals, avoiding secondary trauma (Section 48).

5. Victim Redress, Public Safety & Reporting
(Part VIII, Sections 49–58)

• No Bail or Parole:
  Bail and parole provisions are strictly inapplicable to individuals detained or convicted under this Act (Section 50).
• Civil Compensation:
  Victims can file separate civil suits to recover financial damages for physical injury, medical costs, psychological harm, and distress (Sections 51 & 52).
• Mandatory Reporting:
  Failing to report known or suspected child sexual abuse to the police is a criminal offence punishable by 6 months to 3 years imprisonment (Section 53).
• Public Sex Offender Registry:
  Mandates the creation of a publicly accessible online database and an SMS-based verification system using National ID cards to identify convicted sex offenders (Section 57).
• State Support & Confidentiality:
  Requires trials to be held in camera to protect child identities, while mandating state-funded counseling and financial assistance for victim families (Sections 54–56).

 Special Provisions for Offenders of Sexual Offences Against Children Act

Part I: Introduction and Objectives

Introduction and Title

(a) This is an Act to provide special procedures for the remand of perpetrators of sexual offences against children during the investigative and trial stages, their continued monitoring under a specific framework following their release from detention, the allowance of a lenient standard of proof for the admission of evidence in court, and the recovery of compensation for damage suffered by children as a result of sexual offences. 

(b) This Act shall be cited as the “Special Provisions for Offenders of Sexual Offences Against Children Act”.

Objectives

The purpose of this Act is to achieve the following objectives: 

(a) To protect children from persons in society who may pose a danger to them, and to maintain such protection by ensuring that perpetrators of sexual offences against children are remanded in custody during the investigative and trial stages, and continue to be monitored under a specific framework even after being released from criminal punishment. 

(b) To ensure that perpetrators of sexual offences against children are sustainably controlled and monitored by the State. 

(c) To permit additional types of evidence, alongside evidence admissible in judicial proceedings, for the purpose of proving sexual offences against children, and to leniently standardise the evidence admissible. 

(d) To impose severe penalties on perpetrators of sexual offences against children and those who aid and abet such offences. 

(e) To secure compensation for harm suffered by children as a result of sexual offences. 

(f) To make perpetrators of sexual offences against children identifiable to other members of society. 

(g) To relieve a child from being requested to demonstrate in judicial proceedings—through action, movement, or any other manner—the method or manner in which a sexual offence was committed against them.

Part II: Offenses

Engaging in a Sexual Act with a Child

(a) A person commits an offence if they intentionally touch a child’s body with a sexual intent. 

(b) For the purposes of this section, touching with sexual intent means touching in any of the following manners:

1. Touching the child’s front, back, any other sexual organ, or any place considered capable of yielding sexual pleasure.
2. Touching directly with one’s own hand or through the medium of an object. 

(c) The penalty for a person convicted of an offence specified in subsection (a) of this section shall be imprisonment for a term between 10 and 14 years.

Involving a Child in a Sexual Act

(a) A person commits an offence if they involve a child in a sexual act. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 10 and 14 years.

Committing a Sexual Act in the Presence of a Child

(a) A person commits an offence if they intentionally commit a sexual act in the presence of a child, or commit such an act in a manner visible to a child, or with the intent of showing it to a child, or committing it with the belief that the child would witness the act. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 7 and 10 years.

Compelling Observation of a Sexual Act

(a) A person commits an offence if they compel a child to watch the performance of a sexual act, or show a child a scene, photograph, film, or scene of a film depicting a sexual act, or cause a child to hear the sounds of such an act being committed. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 7 and 10 years.

Commission of Sexual Offences by Children

(a) Even if an offence specified in section 3, 4, 5, or 6 of this Act is committed by a child, that child also commits an offence. 

(b) If the child referred to in subsection (a) of this section has attained the age of 13 years, their penalty shall be detention in a suitable facility for children for a period not exceeding 5 years. If the child had not attained the age of 13 years at the time of committing the offence, their penalty shall be home detention for a period not exceeding 5 years, subject to the condition that supervision of the child is undertaken by a parent.

Assisting in Causing a Child to Engage in a Sexual Act

(a) A person commits an offence if they intentionally plan, assist, organise, facilitate, or encourage the commission of an offence specified in section 3, 4, 5, or 6 of this Act by a child. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 7 and 10 years.

Commission of a Sexual Act While in a Position of Trust

(a) A person occupying a position of trust over a child commits an offence if they engage in a sexual act with that child. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 15 and 18 years.

Causing a Sexual Act to Be Performed While in a Position of Trust

(a) A person occupying a position of trust over a child commits an offence if they cause that child to perform a sexual act. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 15 and 18 years.

Committing a Sexual Act in the Presence of a Child While in a Position of Trust

(a) A person occupying a position of trust over a child commits an offence if they commit a sexual act in the presence of that child for the purpose of exposing it to the child. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 15 and 18 years.

Causing a Child to View a Sexual Act While in a Position of Trust

(a) A person occupying a position of trust over a child commits an offence if they show a child scenes of others performing a sexual act, compel the child to watch such scenes, conduct themselves in a manner visible to the child, act in circumstances where it is believed the child is watching or may watch, or knowing that such an act is being performed by others, compel the child by instruction to go to or enter that place. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 15 and 18 years.

Positions of Trust

For the purposes of this Act, a person shall be deemed to be in a position of trust over a child if any of the following relationships exist between the child and that person: 

(a) One of the child’s parents. 

(b) One of the child’s legal guardians. 

(c) One of the child’s custodians. 

(d) A person within the prohibited degrees of marriage under Islamic law. 

(e) A person providing services to or caring for a child in accordance with the law. 

(f) A person in charge of a place where a child is detained under a court order or for investigative purposes. 

(g) A person residing in a house where a child is kept. 

(h) A person at a facility serving children, such as a hospital, clinic, or childcare home. 

(i) A person in a home where a child resides. 

(j) A person at the place where a child is receiving education. 

(k) A person at the place where a child is employed or acquiring vocational skills. 

(l) A person occupying a position requiring the provision of guidance and counseling to a child. 

(m) A person entrusted with the care of a child.

Marriage Exception

If a person is cohabiting with a child pursuant to a marriage contracted in accordance with the principles of Islamic law, any act committed within the marital relationship that might otherwise be considered a sexual offence under this Act shall not be deemed an offence for the purposes of this Act.

Engaging in a Sexual Act with a Family Member

15.
(a) A person commits an offence if they engage in a sexual act with a child who is a member of their family. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 20 and 25 years.

Family Member Encouraging a Child to Engage in a Sexual Act

(a) It is an offence for a family member to encourage a child belonging to their family to engage in a sexual act. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 20 and 25 years.

Engaging in a Sexual Act with a Child for Consideration

(a) A person commits an offence if they engage in a sexual act with a child for consideration, or if they do so after leading the child to understand prior to the act that some form of value will be given to the child. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 15 and 21 years. 

(c) For the purposes of this section, “consideration” means the provision of financial or monetary benefits; the settlement of an obligation owed by the child; the purchase of an item required by the child; payment for a service desired by the child; the provision of money as a gift; or the provision of an item of monetary value.

Production of Pornography or Prostitution Involving Children

(a) A person commits an offence if they intentionally cause a child to engage in prostitution, involve a child in the production of pornography, or produce pornography exposing the sexual organs of a child. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 20 and 25 years.

Compelled Prostitution and Pornography Production

(a) A person commits an offence if they compel a child, exercise control over a child, or detain a child in a manner depriving them of freedom, and thereby cause the child to engage in prostitution or participate in the production of pornography. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 20 and 25 years.

Engaging in a Sexual Act Through Intoxication or Drug Administration

(a) A person commits an offence if they engage in or cause another to engage in a sexual act with a child after administering an intoxicating substance, a substance impairing the child’s cognitive faculties, or a substance depriving the child of self-determination. 

(b) For the purposes of this section, “administering a substance” means providing a substance orally, through drink, or otherwise introducing a substance into the body. 

(c) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term of 25 years.

Entering a Premises to Commit a Sexual Act

(a) It is an offence for a person to enter a house where a child is located, or any place where the child is at the material time, with the intent of engaging in a sexual act with that child. 

(b) For the purposes of this section, the meaning of a “house” or “place” includes buildings, curtilages adjacent to buildings, land vehicles, and watercraft. 

(c) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 1 and 10 years.

Indecent Exposure of Sexual Organs

(a) A person commits an offence if they display any part considered to be their sexual organ to a child, or expose a sexual organ over their clothing in a manner visible to a child. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term of 3 years.

Commission of an Offence Involving Multiple Persons

(a) Where an offence specified in this Act is committed against a child by more than one person acting with a common intent or purpose, each such person shall be deemed to have individually committed the offence against the child, regardless of the varying degrees of participation by each person in the criminal act. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 20 and 25 years.

Part III: Consent

Children Under the Age of Thirteen

For the purposes of this Act, a child under the age of 13 years shall not under any circumstances be considered capable of consenting to a sexual act. Even if such a child purports to give consent, it shall be deemed invalid for the purposes of this Act.

Children Above the Age of Thirteen

Unless proven otherwise, a child between the ages of 13 and 18 years shall not be presumed to have consented to a sexual act. Unless proven otherwise, it shall be presumed that the sexual act was committed without the child’s consent.

Part IV: Restriction of Certain Rights

Restriction of Certain Rights Guaranteed by the Constitution

Of the rights guaranteed under the Constitution to a person detained or arrested on suspicion of an offence, the rights specified in the following sections of this Part shall be restricted to the extent prescribed in those sections.

Restriction of the Right to Remain Silent

Notwithstanding that Section 48(c) of the Constitution guarantees the right to remain silent without providing any information other than revealing one’s identity, a person detained on suspicion of an offence under this Act shall not possess this right to any extent.

Restriction of the Right to Release from Custody During Investigation

Notwithstanding that Section 49 of the Constitution provides that a person accused of an offence shall not be held in detention prior to sentencing unless it is to prevent the concealment of evidence, intimidation of witnesses, failure to appear in court, absconding, or where release poses a danger to public safety, for the purposes of this Act, this right is restricted to enable a judge to order the detention of a person suspected of an offence under this Act until the conclusion of the investigation and trial stages, on the grounds that release may pose a danger to public safety or lead to the concealment of evidence or intimidation of witnesses.

Consideration of Section 16 of the Constitution in Restricting Rights

(a) The fundamental rights specified in sections 27 and 28 of this Act are restricted pursuant to Section 16(b) of the Constitution. 

(b) In determining whether the restriction of those rights under this Act to such an extent complies with Section 16(b) of the Constitution, the court shall consider that the People’s Majlis (Parliament) has taken into account all six points specified in Section 16(c) of the Constitution in imposing such restrictions under this Act.

Part V: Detention

Application for a Detention Order

(a) Where the police determine that a person suspected of an offence under this Act should be dealt with in accordance with the special procedures provided herein, the Commissioner of Police may request the Prosecutor General to apply to the court for an order to maintain the arrested person in detention until the conclusion of the investigation and trial stages. 

(b) Upon receipt of a request in writing signed by the Commissioner of Police as specified in subsection (a) of this section, the Prosecutor General shall, after evaluating the matter against applicable standards, apply to the court for such an order at the earliest opportunity.

Matters to Be Proven by the Prosecutor General

In an application submitted for a court order under section 30 of this Act, the Prosecutor General shall prove the following to the court: 

(a) That the detention of the suspect is essential to protect children in the community; and 

(b) That if the suspect is not held in detention, there is a likelihood that they may reoffend, conceal evidence, or attempt to intimidate witnesses.

Matters to Be Considered by the Court

Before issuing an order in a matter submitted under section 30 of this Act for maintaining a person in detention during the investigation and trial stages, the court shall consider the following: 

(a) Opinions provided by experts in the medical, psychological, and psychiatric fields regarding the matter; 

(b) The offence committed by the suspect; 

(c) The condition and age of the child harmed as a result of the offence committed by the suspect; 

(d) Whether the offence was committed by a person occupying a position of trust over the child; 

(e) Whether the suspect has a past record of being accused of a similar offence; 

(f) The extent to which the suspect assisted in the investigation of the offence; 

(g) The criminal record of the suspect; 

(h) The degree of likelihood that the suspect may commit a further offence, conceal evidence, or intimidate witnesses if not held in detention during the investigation and trial stages; and 

(i) Any other relevant evidence, circumstantial evidence, and factors pertaining to the case.

Interim Orders

(a) Upon the submission of a case to the court under section 30 of this Act, the court shall have the power to issue an interim order to hold the suspect in detention during the investigation stage for a maximum period of 30 days pending a final determination by the court. 

(b) If the investigation has not been fully completed within 30 days of holding the suspect in detention despite reasonable investigative efforts, the court shall have the discretion to extend the period of detention for a further period not exceeding 30 days. 

(c) During the period extended under subsection (b) of this section, the court shall expeditiously hear and determine the application submitted by the Prosecutor General under section 30 of this Act.

Expert Reports Requested by the Court

34.

If deemed necessary when examining a case submitted under section 30 of this Act, the court may appoint a psychiatrist or a child protection professional to obtain their report clarifying their opinion on the matter.

Detention Order

(a) If the court deems it necessary to maintain a person in detention during the investigation and trial stages, it may issue a detention order. 

(b) An order specified in subsection (a) of this section shall terminate upon the conclusion of the trial court proceedings or upon the cancellation of the order by the issuing court. 

(c) When issuing an order specified in subsection (a) of this section, the court shall set out in detail the grounds upon which it relied in issuing the order.

Review of Detention Orders

(a) Where the court notes that the period for which a person has been held in detention under an order maintaining them in custody until the conclusion of the investigation and trial stages has become prolonged, or where an application to that effect is submitted to the court by the detainee’s representatives, the court shall review the matter. 

(b) In reviewing a case under subsection (a) of this section, the court shall clarify information regarding the work completed thus far, the time elapsed, and how the suspect is being treated. This shall be conducted in a court hearing in the presence of the police and the suspect. 

(c) If, upon reviewing a case under subsection (a) of this section, the court determines that maintaining the suspect in detention during the investigation and trial stages is no longer essential, or that the circumstances prevailing when the order was issued have since changed, or that there is no further purpose in maintaining the order, the court shall have the power to revoke the order at that point.

Part VII: Trial Principles

Rights Related to Judicial Proceedings

Nothing in any provision of this Act shall prejudice the following rights conferred upon an offender or suspect in judicial proceedings: 

(a) The right of the offender to defend himself in person or through legal counsel; 

(b) The right to call witnesses; 

(c) The right to give evidence; 

(d) The right of either party to examine witnesses presented by the other party through the judge; 

(e) The right to submit other documents required to be presented to the court.

Standard of Proof

Notwithstanding anything to the contrary in any other law regarding the standard of proof required to establish a criminal offence or the types of evidence admissible in court, for the purposes of this Act or in any prosecution brought hereunder, the presence of at least five of the following categories of evidence shall be deemed sufficient to prove beyond reasonable doubt that a person committed a sexual act with a child or committed an offence under this Act, as required by Section 51(h) of the Constitution: 

(a) An official document establishing that a sexual act was committed with a child; 

(b) Results of scientific analysis; 

(c) Eyewitness statements; 

(d) Evidence obtained from forensic marks and analysis; 

(e) Video recording evidence; 

(f) A statement given by the child shortly after the incident, or without a long period elapsing since the occurrence of the incident, to the child’s parents, a relative, a friend, a doctor, a healthcare worker, a psychologist, a psychiatrist, an investigating police officer, or a child protection worker; 

(g) A statement given by the child recounting what happened to them or how the incident occurred; 

(h) An account given by the child without a long period elapsing between the occurrence of the incident and the account given, where there is no reason to believe that the story was fabricated or invented regarding any person; 

(i) Corroboration between the child’s account and physical injuries medically noted on the child or findings from forensic analysis; 

(j) Proof that the person who committed the sexual act with the child has previously been convicted of committing a sexual act; 

(k) Physical evidence; 

(l) The statement given by the child when interviewed by the investigating authority.

Method of Obtaining Evidence from a Child

For the purposes of this Act, where evidence is to be obtained from a child, such evidence shall be obtained outside court, outside judicial proceedings, and outside police stations, in an environment familiar to the child, through an interview conducted in the presence of persons familiar to and trusted by the child, which interview shall be video-recorded; or, if the child has special needs, through an interview conducted in the presence of a person qualified to translate what the child expresses, alongside persons familiar to and trusted by the child, which interview shall be video-recorded.

Part VIII: General Principles

Immunity from Liability

No person shall incur any legal liability for any act done or omitted to be done in good faith, without improper motive, and without intent to cause harm to any person, in executing any provision of this Act as prescribed herein.

Inapplicability of Parole and Bail

The principles of bail or parole shall not apply to any person held in detention under this Act.

Compensation for Damage

(a) Where a person is convicted of committing a sexual act with a child, a separate civil action may be instituted in court to recover monetary compensation for physical harm caused to the child, medical expenses incurred for the child’s treatment and recovery, psychological harm suffered by the child, and trauma experienced by the child. 

(b) The evidence required to establish a claim specified in subsection (a) of this section shall be the judicial judgment of conviction entered against the offender.

Recoverable Heads of Damage

(a) In a civil claim for compensation brought under section 51 of this Act, the specific items for which monetary compensation may be recovered include:

1. Physical harm suffered by the child;
2. Reimbursement of expenses incurred for physical harm suffered by the child;
3. Compensation for psychological harm suffered by the child;
4. Compensation for harm suffered due to fear and distress experienced by the child;
5. The value of the change in public perception towards the child during their tender years. (b) In determining the quantum of compensation to be awarded to the child in a claim specified in subsection (a) of this section, the court shall take into account:
6. The age of the child;
7. Educational opportunities available to the child;
8. Opportunities for the child to become a responsible citizen;
9. The extent of psychological harm suffered by the child;
10. Expenses necessary for the child to lead a normal life;
11. The financial capacity of the child’s parents or guardians to maintain the child;
12. The social status and standing of the child’s family in the community;
13. The social status and standing of the child in the community.

Failure to Report Known Information

(a) It is an offence for any person, knowing that an act constituting an offence under this Act is occurring, has occurred, or is about to occur, to fail to report such information to the police. 

(b) The penalty for an offence specified in subsection (a) of this section shall be imprisonment for a term between 6 months and 3 years.

Protection of Confidentiality

This Act does not permit the publication in the media of identifying details of a child involved in an offence specified under this Act, nor the disclosure of such details by any authority possessing that information. Judicial proceedings for prosecutions brought under this Act shall be conducted in camera.

Provision of Counselling

Counselling required to alleviate all psychological distress and to support a child victim of an offence specified under this Act to live as a responsible citizen shall be provided at State expense under arrangements organized by the Government.

Provision of Financial Assistance

Where the parents or guardian of a child who is a victim of an offence specified under this Act require financial assistance in caring for the child, such assistance shall be provided by the State under guidelines established by the Government.

Publication of Offender Register

Information regarding persons who commit offences specified under this Act shall be continuously published. To protect the safety and security of other citizens from such offenders and to prevent opportunities that facilitate reoffending, a comprehensive database of such offenders shall be established on a publicly accessible website, and a system shall be established to easily verify offenders using their Maldivian National Identity Card number via SMS on mobile devices. This shall be executed by the state institution responsible for child protection.

Enactment of Regulations

Regulations required to be made under this Act shall be made and administered by the Attorney General. Such regulations shall be published within 6 months from the date this Act comes into force.

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