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KELANTAN police have proposed a significant legal shift by suggesting that girls involved in consensual sexual relations with underage boys should also be held accountable under the law, rather than only the male party facing charges.
State police chief Datuk Mohd Yusoff Mamat made the statement in response to a worrying rise in underage sexual activity in Kelantan, where he said nearly 90 percent of reported statutory rape cases were found to be consensual.
“At present, the law largely targets male offenders, but investigations reveal that many of these cases involve mutual consent between both parties,” he told reporters at a press conference after a monthly assembly at the Kelantan Police Headquarters on Sunday.
“When a report is lodged, we are still compelled to open an investigation paper and press charges against the male party under the Penal Code or the Child Act, even when both parties admit it was consensual.”
Mohd Yusoff's remarks come amid growing concern about sexual behaviour among teenagers in the state, and he believes legal amendments may be needed to better reflect contemporary challenges.
He added that the matter would be discussed with the Attorney General’s Chambers, the Kelantan Islamic Religious Affairs Department, and other relevant agencies to explore whether changes to the legal framework could lead to a fairer, more preventive approach.
“We’re not seeking to prosecute indiscriminately,” he clarified. “This is about finding a more effective way to prevent these cases from occurring in the first place. If the law allows action against both parties, it could serve as a stronger deterrent.”
Currently, cases of underage sexual activity are typically investigated under Section 376 of the Penal Code (rape) or Section 14 of the Sexual Offences Against Children Act 2017. In most instances, the female minor is treated solely as a victim.
However, Mohd Yusoff argues that without reform, existing laws may send mixed signals to young people, particularly when acts are consensual but still illegal under statutory provisions.
“We need to send a clearer message to teenagers to avoid becoming involved in such prohibited acts,” he said.
His comments are likely to ignite broader debate around legal accountability, gender, and consent in cases involving minors—a subject that remains sensitive but increasingly relevant in Malaysia's evolving legal and social landscape. - September 21, 2025
