Sexual harassment has become popular issues in Malaysia in 1999.

The most frequently reported by the media are those cases that happen particularly in the workplace. The most gender that usually become the victims are the women, especially when the working environment are mostly dominated by the men and the environment that seeing the issue in a jocular manner. A lot of the cases are unreported and most of the victims suffered in the silence for fear of retribution and mortification (Rohani, 2005). However sometimes when a person that was convicted with the charges, and yet being punished by the employer, he may appeal back as he felt that he was treated inhuman without a series of detail investigation. For instance in Vaux Breweries Ltd. v McNaughton, the defendant Mr. McNaughton was accused of sexual harassment by two female employees. He then admits but claimed that in a jocular manner. Then the company decide to dismiss him without further investigation. He then appeal back and claimed that he was unfairly dismissed. The situation becomes complicated as we know that sexual harassment is usually committed between two people without presence any witness. In other words, to make each case judged fairly and equally, we need relevant and reliable evidence that can be used during the court conducted. Extrinsic evidence Based on Lawyers.com extrinsic evidence is evidence based on an agreement that are not included in the written version of an agreement. A court may use this type of evidence to make sense of an ambiguity in writing subject to some limitations. It also can be said as evidence about a witnesss characters obtained from the testimony of other witnesses rather than from cross-examination on the witness himself or herself. A witness may not be charged by the use of extrinsic evidence. In Vaux Breweries Ltd. v McNaughton, extrinsic evidence has help resolve the case by looking at evidence that was bring up by the victim. This situation shows that, even the justice in the case of sexual harassment is difficult to implement due to lack of evidence, but due to the presence of the extrinsic evidence, any weakness in the prosecution can be reduced.

Physical evidence Physical evidence is a type of evidence that was introduced during a trial in terms of physical objects. It is anything physically that was exist during a sexual assault. Evidence such as notes, phone messages, footprints or any other evidence that can be saw with naked eye or confidently exist are absolutely valuable in documenting a complaint. Based on Aziz bin Muhammad Din v Public Prosecutor has used the physical evidence in the judicial process taken to prove that the victim was being raped. There were several injuries in the victims genital that categorized as physical evidence, which have proved that the victim has being raped without a doubt.

The burden of proof in cases involving the allegation of sexual harassment in the workplace Under legal system in Malaysia the victim that claimed to have experienced sexual harassment must prove that the illegal and sexually behaviour occur. Otherwise the employer and the harasser often has no the same burden. Zarina and Cecilia (2001) said that the present law is actually inadequate. Even the penal code contains certain sections that have cover particular aspects of sexual harassment, but the burden of proof still on the shoulder of the complainant. The victims merely want to stop the harassment, so the alternative for the complainant is to commence the civil suit against the harasser in the court. However, these process in expensive and inaccessible to most of the complainants. In Malaysia in 2001 there have an action of the Joint Action Group Against Violence Against Women in proposing a Sexual Harassment Bill in other to help the victims in the procedural law. There provide for the establishment of a tribunal that comprise the expertise and experience persons that will conduct the inquiry immediately and with little formality as possible. Establishment of such tribunal could help ease some of the victims to live in normal life and free from hatred and fear. The presence of such tribunal is also to some extent may reduce sexual harassment in the workplace as there are official channels for victims seek help if the situation occurs, and of course the harasser will be punished accordingly.