Kelantan police chief Yusoff Mamat has suggested that underage girls involved in statutory rape cases should also face legal action, a proposal that has sparked debate over the interpretation of Malaysian law on sexual offences involving minors.
Yusoff said his proposal was aimed at addressing what he described as the high number of consensual sexual encounters among teenagers that are later classified as statutory rape cases.
“Nearly 90% of statutory rape cases reported in the state involve consent by both parties, but the existing laws lean more towards prosecuting men only,” he was quoted as saying by Sinar Harian.
He explained that his intention was not to prosecute indiscriminately but to prevent more cases from occurring.
“We don’t want to prosecute willy-nilly, and want to find more effective methods of prevention. If the laws allow for action against both parties, such cases can be prevented,” he said.
Yusoff also stated that he would raise the matter with the Attorney-General’s Chambers, the Kelantan Islamic Religious Department, and other related authorities in order to explore possible legal mechanisms that could make action against both boys and girls feasible.
His remarks were made in response to questions about the increase in cases of rape and sexual crimes involving teenagers in Kelantan over the past year.
Law treats girls as victims, not offenders
Under Malaysia’s Penal Code, it is an offence for a man to have sex with a girl under 16 regardless of her consent. The law also makes it an offence if consent is given by someone unable to fully understand its nature and consequences. In both situations, girls under 16 are legally classified as victims under the Penal Code and under the Sexual Offences Against Children Act.
Tebrau MP Jimmy Puah said Yusoff’s proposal reflected a misunderstanding of these legal principles.
“The Penal Code is clear that only adult men can be charged with statutory rape, not girls under the age of 16—even if she agrees,” Puah said in a statement.
He stressed that children are not legally capable of giving consent to sexual activity.
“The law is based on the fact that they are not mature enough mentally, emotionally or socially to make such decisions. It was written to protect children, not punish them,” he added.
Concerns over stigma and justice
Puah also cautioned that punishing girls in statutory rape cases would undermine the very purpose of the law.
“It sends the message that if the victim doesn’t resist, or is tricked by sweet words, then she is also guilty. This adds stigma, scares victims from coming forward and shuts the door to justice,” he said.
He further pointed out that rape under the Penal Code is legally defined as a man having sex with a woman against her will, which means girls cannot be convicted of rape under existing provisions.
“The responsibility lies with the adult man who has the capacity to exploit, not with the underage girl, who should be protected,” Puah said.
According to Puah, Yusoff’s remarks showed a lack of sensitivity to the realities of age, gender, and power dynamics in cases involving minors.
“A police officer’s duty is to protect the weak, not turn them into criminals. If this is not corrected, the justice system becomes a source of fear, not protection,” he said.
Ongoing debate
The issue highlights a tension between the need for preventive measures against underage sexual activity and the existing legal framework, which is designed to protect children from exploitation. While Yusoff has argued for a review of how the law is applied, critics such as Puah insist that holding girls criminally liable would be a step backwards in protecting minors.
As cases of statutory rape and teenage sexual activity continue to rise in Kelantan, the proposal is likely to fuel further debate among lawmakers, legal experts, and child protection advocates over how best to balance prevention with protection.
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