The Human Rights Commission of Malaysia (Suhakam) has criticised a proposal for underage girls who have consensual sex to face legal action when their partners are charged with statutory rape, describing it as regressive.
Farah Nini Dusuki, Suhakam chief children’s commissioner, said the proposal should not be entertained at all.
“There is a reason why the law provides specific protection for girls under 16.
“They are generally not mature enough to fully comprehend the consequences of their actions. If the law is amended as proposed, victims will hide such incidents for fear of being penalised,” she was quoted as saying by Sinar Harian.
Kelantan police chief Yusoff Mamat had made the proposal, saying it was aimed at sending a clear warning to teenagers against involvement in sexual crimes.
He said nearly 90% of statutory rape cases reported in the state involved consent by both parties, although the existing laws lean towards prosecuting only the men.
When asked whether the proposal would contravene the Child Act 2001, Farah said the relevant provision was not under that Act but rather Section 376 of the Penal Code, which applies to all persons aged 10 and above in Malaysia.
“The issue of premarital sexual relations among teenagers cannot be solved through the criminal justice system.
“A holistic approach, including comprehensive sex education and stronger awareness of children’s rights, is essential to help children understand relationship boundaries and the consequences of sexual activity,” she said.
Law and institutional reform minister Azalina Othman Said said Yusoff’s suggestion was his personal opinion and that the government remained committed to upholding international norms in rape cases, particularly those involving minors.
She also said that any proposal to improve the law could be channelled to the criminal law reform committee.
Seputeh MP Teresa Kok meanwhile said that Yusoff’s remarks showed no gender sensitivity and lacked an understanding of the laws that protect children.
