24/09/2025

WEDNESDAY | SEPT 24, 2025

3 Backlash over call to prosecute minors in statutory rape cases

Mufti backs push to hold girls liable in underage sex offences PETALING JAYA: Federal Territories Mufti Datuk Ahmad Fauwaz Fadzil Noor has supported a proposal by Kelantan police chief Datuk Mohd Yusoff Mamat, saying underage girls in consensual sex cases should not be fully exempted from liability. In a statement published on the Federal Territories Mufti’s office website on Sept 22, he said civil law tends to focus on prosecuting men while protecting women. However, he argued that this approach does not always reflect the reality of cases where both parties may have been equally involved. “The government has the right to review the laws relating to consensual statutory rape. “Harsher punishments should be imposed on all parties involved. Granting immunity to one side will not solve the problem,” he said. Ahmad Fauwaz said the current legal stance appears biased as it punishes only one party, although both may be morally culpable. He added that women should also face punishment if found guilty, noting that while civil law protects female victims, they should not be exempted from responsibility if they contributed to the offence. “Fair and proportionate punishment for both parties will provide more effective lessons and deterrence. “Exempting one side from punishment could encourage the repetition of such offences and denies the reality that in many cases both parties were involved knowingly and willingly, even if one of them was underage.” At the same time, Ahmad Fauwaz said authorities still have the discretion to impose harsher punishment on men who exploit underage girls, as they have yet to reach the maturity needed to think rationally. “On the other hand, it is the man’s responsibility to guide and protect women, not exploit them. “Islamic law aims to provide education ( ta’dib ) to offenders and society as a whole, so that crimes are not repeated. Therefore, granting immunity to one side contradicts the objectives and principles of Islamic law,” he added. – By QIRANA NABILLA MOHD RASHIDI

PETALING JAYA: Proposals to prosecute minors in statutory rape cases have drawn strong opposition from child rights groups and legal experts, who warn such a move would contradict existing protections for children and undermine the law’s intent. Child Rights Innovation and Betterment (CRIB) Foundation co chairperson Srividhya Ganapathy described the suggestion as regressive and legally unsound. “Under current law, statutory rape charges are rightly brought against the man. To extend liability to the girl fundamentally contradicts the protective purpose of the law. Criminalising children is never the solution.” She warned that prosecuting girls under 16 would entrench victim-blaming, deter abuse reports and perpetuate harmful stereotypes such as blaming a child’s clothing or suggesting she “wanted it”. Ű BY QIRANA NABILLA MOHD RASHIDI AND T.C KHOR newsdesk@thesundaily.com

o Child rights groups stress the young must be protected, not criminalised, urge peer-to peer defence in consensual relationships

defence, abolish child marriage by setting 18 as the minimum age and provide reproductive health education in schools. We also urge the release of transparent data on education and recidivism in custodial and welfare institutions.” Women for Women secretary Linda Lam also rejected the idea, calling it discriminatory and inconsistent with Malaysian law and international conventions. “Children, whether girls or boys, must never be criminalised for statutory rape. Even the word consensual should not be used as minors are legally incapable of giving consent,” she said, in response to police claims that over 90% of statutory rape cases were consensual. Lam said focusing solely on girls reflects gender bias and risks discouraging victims from lodging reports. “Boys and girls are equally susceptible to grooming and exploitation. Both deserve equal protection under the law. Singling out girls reinforces harmful stereotypes and shifts the blame onto them.” Instead of criminalisation, Lam urged stronger enforcement of existing laws such as the Sexual Offences Against Children Act 2017 to ensure perpetrators are brought to justice. “What children need are safe spaces, counselling and sex education. Children, especially girls, are victims and should not be treated as offenders.” She added that caregivers and educators must be trained to identify grooming behaviours early, while accessible reporting channels should be provided. Kelantan police chief Datuk Mohd Yusoff Mamat had earlier suggested charging girls in statutory rape cases, saying it would serve as a warning to teenagers. Law and Institutional Reform Minister Azalina Othman Said later clarified that Yusoff’s remarks were his personal opinion, affirming the government’s commitment to international norms in handling cases involving minors. Seputeh MP Teresa Kok also criticised the suggestion as lacking gender sensitivity and legal understanding. “Lawyers for Liberty were quick to challenge. “But when police officers are injured, when they are hit with stones or pieces of broken flowerpots, there is silence. “As if human rights only apply to certain people. “It is unfortunate when a professional group of lawyers only comments on selected statements while staying quiet on others. “If you want to be a champion of rights, you must be consistent. You cannot be silent in one situation and loud in another,” he added.

consensual sex with a person under 16 is a crime. The state has a duty to educate and empower children with knowledge, not punish them for its own failure to provide essential information.” Srividhya said prosecuting both boys and girls would also contravene domestic and international child protection standards. “It would silence survivors, discourage reporting and normalise victim-blaming – the opposite of what a child-centred justice system should do.” She added that custodial sentences and institutionalisation would derail a child’s future. “We urge the government to reject such proposals, amend the law to include a peer-to-peer

“This is not protection, it is punishment disguised as morality.” Srividhya stressed that statutory rape provisions exist to remove the element of consent and protect children from being treated as though they can agree to sex. “If we start prosecuting children, we turn a protective law into a punitive one. That distorts legislative intent. Instead of safeguarding the vulnerable party, the law would be weaponised against them,” she told theSun. She urged lawmakers to include a peer-to-peer or suka sama suka defence for consensual relationships involving minors, where the age gap is three years or less, to avoid criminalisation. “Many young people in relationships are unaware that

TEMPEST AFTERMATH ... Roofing sheets and timber debris crushed several vehicles at the Seri Cempaka People’s Housing Project in Pantai Dalam after a thunderstorm tore through Kuala Lumpur on Monday evening. – BERANAMAPIC

‘Remarks by state police chief personal opinion’

Ű BY FAIZ RUZMAN newsdesk@thesundaily.com

endorsing the proposal, he said discussions with relevant stakeholders – including the Kelantan Islamic Religious Affairs Department and the Education Department – would continue to find more effective preventive measures. At the same time, the minister rebuked rights groups for what he called “selective outrage”. He said they were quick to pounce on the Kelantan police chief’s comments but were silent when police officers were harmed in the line of duty.

legal action be considered against both individuals in cases of what he termed “consensual rape”, arguing that existing laws unfairly placed the burden on the male partner alone. Saifuddin explained Mohd Yusoff’s remarks were grounded in Kelantan crime statistics which show that more than 90% of reported sexual offences in the state involved consensual acts between underage individuals. Charges are typically brought only against the male. While Saifuddin stopped short of

the whole country, then what is the issue here? Some people will agree, some will not. “But in Parliament, the proposal has already been debated, engagement has been done, amendments have been passed. “So if there is no related Act, then it does not apply. Let it be,” he told reporters after observing operations at the National Registration Department counters on the first day of free MyKad chip replacements yesterday. Mohd Yusoff had sparked off heated debate after suggesting that

PUTRAJAYA: Home Minister Datuk Seri Saifuddin Nasution Ismail has downplayed the storm over Kelantan police chief Datuk Mohd Yusoff Mamat’s controversial remarks on prosecuting both parties in underage consensual sex cases, stressing that it was nothing more than a personal opinion. “The figures that were mentioned in Kelantan and the way it was framed, that was his opinion. “But if giving an opinion shakes