6.1 For purposes of definition, sexual exploitation means any actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes, including but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another

6.2 For the purpose of definition, sexual abuse means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions

6.3 The Bulletin states the prohibition of sexual exploitation and sexual abuse. Section 3 of the Bulletin is used in the MERCY Malaysia Code of Conduct and is applicable to all MERCY Malaysia staff and volunteers.

The prohibition includes:-

1. Sexual exploitation and sexual abuse constitute acts of serious misconduct and are therefore grounds for disciplinary measures, including summary dismissals
2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief in the age of the child is not a defence.
3. Exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour is prohibited. This includes the exchange of assistance that is due to beneficiaries
4. MERCY Malaysia does not allow sexual relationships between workers and beneficiaries since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian aid work.
5. Where a staff or volunteer develop concerns or suspicions regarding sexual abuse or exploitation by a fellow staff or volunteer, s/he must report such concerns via the reporting mechanisms
6. All staff and volunteers are oblige-d to create and maintain an environment which prevents sexual exploitation and abuse and promotes the implementation of this code of conduct