The debate over statutory rape laws in Malaysia has reignited after Kelantan police chief Datuk Mohd Yusoff Mamat suggested that both boys and girls engaged in consensual underage sex should be held legally accountable.
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His comments, citing that nearly 90 percent of statutory rape cases in the state involved mutual consent, have stirred controversy and triggered strong responses from policymakers.
Minister in the Prime Minister’s Department (Law and Institutional Reform), Dato' Seri Azalina Othman Said, dismissed the suggestion as a personal view and reiterated the government’s commitment to uphold international legal standards. “Currently, we are aligned with the international principle that ‘statutory rape is statutory rape,’ and I do not foresee any change to that stance,” she told reporters after attending the Melaka and Negeri Sembilan-level Anti-Bullying Tribunal Townhall session.
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Under current Malaysian law, any sexual activity involving minors is classified as statutory rape, regardless of whether it was consensual. This principle is rooted in the recognition that minors lack the maturity and capacity to give legal consent. Critics argue that shifting accountability to include female minors risks criminalising victims and contradicts global child protection standards.
Mohd Yusoff, however, maintains that the current law sends mixed signals. “When both parties acknowledge the act was consensual, the male is solely prosecuted while the female is automatically regarded as a victim. If the law were to hold both accountable, it could act as a stronger deterrent,” he said. He also revealed plans to discuss the proposal with the Attorney General’s Chambers and other agencies.
Azalina acknowledged that any reform proposals can be submitted to the Criminal Law Reform Committee (CLRC) for review. At the same time, she stressed the importance of engaging young voices in shaping laws that affect them. She suggested that the Legal Affairs Division (BHEUU) might organise a townhall session with children to gather their views on the upcoming Anti-Bullying Bill, which is expected to be presented in Parliament by the end of the year.
“Children today are intelligent and highly aware of social media and other issues. They could offer perspectives that adults may overlook,” she said.
The clash of perspectives highlights the delicate balance between deterrence, fairness, and protection in Malaysia’s legal framework on child sexual offences. While the Kelantan police chief’s proposal opens the door to debate on accountability and teenage behaviour, the government’s position remains clear: protecting minors must take precedence, and statutory rape laws are not up for dilution.
By: Kpost
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