Ignorance and responsibility in the case of sexual misconduct by a bus driver

The recent case of a school bus driver in Malaysia who was arrested after posting videos of young schoolchildren on his TikTok account and calling one of them his “crush” has sparked public outrage and discussions about sexual misconduct, particularly towards minors. The incident sheds light on two important legal principles: ignorantia juris (ignorance of the law) and ignorantia facti (ignorance of the facts). This case raises questions not only about the ethical responsibilities of those in positions of trust, but also the broader question of how ignorance is treated in criminal cases, especially when vulnerable people are involved.

The incident: A violation of ethical and legal boundaries

The driver’s actions in recording videos of schoolchildren and uploading them to TikTok with inappropriate captions clearly violated both ethical norms and legal boundaries. This case was particularly alarming as the driver was in a position of trust and responsible for the safety of schoolchildren. The fact that he posted such content on a public platform with a large following increased the severity of the offense.

Under Malaysian law, the driver was arrested under the Akta Kesalahan Seksual Terhadap Kanak-Kanak 2017 (Sexual Offences Against Children Act 2017) and the Child Act 2001. These laws are designed to protect children from exploitation and harassment, and the driver’s conduct was a clear breach of these protections. His actions were not only inappropriate, but also harmful as they violated the child’s privacy and could have long-term psychological effects.

Ignorance of the law: no excuse

One of the basic principles of criminal law is ignorantia juris non excusat, ignorance of the law is no excuse. This means that even if the driver was unaware of the illegality of his actions, this does not absolve him of responsibility. Sexual assault, particularly against minors, is taken very seriously under Malaysian law and the driver should have been aware of the legal and ethical limits of his role.

Even if the driver in this case had no intention of causing harm, ignorance of the law cannot be used as a defense. The legal system assumes that people, particularly those in positions of trust, should know the laws that apply to their actions, especially when those actions affect other, particularly vulnerable groups such as children. The fact that the driver was responsible for the safety of children makes his actions even more egregious.

Ignorance of the facts: a weak defense

The principle of ignorantia facti (ignorance of the facts) is sometimes used as a defense argument in criminal cases. In this case, the driver could claim that they did not realize the harm their actions would cause or that they were unaware of the legal consequences of recording and sharing videos of minors without their consent. However, given the nature of the crime, this defense is weak. Any reasonable adult, especially one responsible for caring for children, should understand that recording and sharing videos of minors without their parents’ consent is not only inappropriate, but also illegal.

The fact that the video was shared on a public platform like TikTok with a large audience only magnifies the harm caused. Even if the driver did not intend to cause harm, his ignorance of the consequences does not excuse his actions. The law holds individuals responsible for the foreseeable consequences of their actions, especially when those actions involve the exploitation of children.

The broader issue: Sexualization of minors and responsibility in social media

This incident also sparks a broader discussion about the sexualization of minors and the role of social media in perpetuating harmful behavior. Because platforms like TikTok provide instant access to large audiences, there is an increased risk that minors will be exposed to inappropriate content or objectified in ways that can have long-term effects on their emotional well-being.

Parents, schools and authorities must work together to ensure that those who interact with children, whether in educational, recreational or transport settings, adhere to the highest ethical standards of conduct. At the same time, social media platforms must take responsibility for monitoring and removing content that violates or puts children’s privacy at risk.

The importance of due process

While public outrage is understandable in cases involving children, it is equally important that we allow the legal process to take its course. The bus driver has been arrested and is being investigated under Malaysian law. Although the evidence points to inappropriate conduct, it is important that we do not make assumptions about the outcome of the case until a judge has considered all the facts and made a decision.

The rule of law is a cornerstone of any just society, and it is crucial that everyone, regardless of the charge, receives a fair trial. Public opinion should not overshadow the need for a thorough investigation and fair trial. We must respect the legal process and allow the courts to decide whether the driver’s actions were indeed criminal and deserving of punishment.

Conclusion: Ignorance is no excuse, but a fair trial is important

In conclusion, the case of the bus driver accused of sexual misconduct is a stark reminder that ignorance – whether of the law or of the consequences of one’s actions – is not a valid defense in criminal cases. Particularly in cases involving the welfare of minors, those affected must be held accountable for their actions, even if they claim not to understand the harm they have caused. At the same time, it is important to continue the investigation and not to pass judgment before the courts have expressed their opinion.

Ultimately, this case highlights the need for greater awareness of child protection laws and the importance of ethical conduct among those working with vulnerable populations. It also highlights the need for responsible use of social media, especially when it comes to protecting the privacy and dignity of minors. – September 10, 2024.

* Syahrul Adam Salleh Ibrahim reads The Malaysian Insight.

*This is the opinion of the author or publication and does not necessarily reflect the views of The Malaysian Insight. The article may be edited for brevity and clarity.