Recently, Kelantan police chief Yusoff Mamat has started a national debate by suggesting that underage girls involved in statutory rape cases should also face legal action.
He made his remarks in response to questions about the increase in rape and sexual crimes involving teenagers in Kelantan over the past year.
“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,” Yusoff was quoted as saying by Sinar Harian, to justify his proposal.
This statement has since sparked sharp criticism, especially from politicians and legal experts.
Tebrau MP Jimmy Puah said Yusoff’s proposal reflected a misunderstanding of 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 responsibility lies with the adult man who has the capacity to exploit, not with the underage girl, who should be protected. 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 added.
Puah further argued that Yusoff’s remarks showed a lack of sensitivity to the realities of age, gender, and power dynamics in cases involving minors.
Other leaders, such as Lim Guan Eng, have also spoken up to decry the Kelantan police chief’s remarks, warning that such views could distort the very purpose of statutory rape laws.
However, Yusoff’s opinion is not without support.
The Kelantan Mufti, Shukri Mohamed, has said that the idea deserves careful study.
“Personally, I feel the current law should be reviewed to ensure all parties involved receive fair treatment,” he said in a Bernama report.
Shukri’s comments reflect a more conservative line of thinking: that underage girls who consent to sex should not be automatically shielded from accountability when men are prosecuted.
A clash of perspectives
When we dissect the opinions of both sides, a clear pattern emerges.
From a liberal and non-Muslim perspective, the focus is on the structural inequalities of age and gender. This view stresses that under-16 girls are inherently children, incapable of informed consent, and therefore should be seen as victims of manipulation and exploitation by older men.
On the other hand, the Muslim conservative perspective tends to place greater emphasis on shared responsibility. Within this view, under-16 girls are not always seen as passive victims but rather as active participants who, despite their age, can be considered as aware and mature, and should bear some accountability for engaging in premarital sexual activity.
Comparative perspectives
This divide is not unique to Malaysia. Around the world, different societies frame statutory rape very differently, depending on whether they lean towards secular liberal law or religious conservative law.
United Kingdom & Singapore
In the UK, the age of consent is 16. If a child under 16 engages in sexual activity—even if they say they agreed—the law treats them as unable to consent. The older partner, especially if above 18, is criminally liable.
Singapore follows the same logic. The age of consent is 16, and statutory rape laws hold adult men accountable. Both boys and girls under 16 may face charges under morality provisions, but prosecutions against minors are rare.
Saudi Arabia
Saudi Arabia does not set a statutory age of consent. Instead, all sexual relations outside marriage are criminalized under zina (fornication/adultery) laws. Both boys and girls—regardless of age—may face punishment if caught. The law assumes shared responsibility, a stark contrast with Western systems that treat minors purely as victims.
Iran
Iran’s laws also rest on Sharia principles. The “age of maturity” is 9 lunar years for girls and 15 for boys. Beyond these ages, minors can be held accountable for sexual activity outside marriage. Girls are thus not always seen as victims, but as partners in crime under zina laws.
Pakistan
Pakistan’s laws combine statutory rape protections with Islamic morality codes. The legal age of consent is 16 (or 18 in some provinces), but courts influenced by conservative interpretations may still criminalize both parties in consensual underage sex, especially under zina provisions.
Where Malaysia stands
Placed against this backdrop, Malaysia’s current law—where men are primarily liable and under-16 girls are treated as victims—positions the country closer to the liberal/common law model inherited from British legal traditions.
Yet, the Kelantan debate shows that there is also a conservative undercurrent in Malaysian society, influenced by religious values, that resonates with the Saudi or Iranian model of shared culpability.
The central question, therefore, is whether Malaysia will continue to anchor its sexual crime laws on the principle of protecting minors, or whether cultural and religious arguments will gradually shift the law towards one where underage girls may also face punishment in statutory rape cases.
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