The Human Rights Commission of Malaysia (Suhakam) said statutory rape laws in the country are not intended to punish female victims but to protect them from exploitation and discrimination.
Suhakam's Office of the Children’s Commissioner said the laws reflect Malaysia’s commitment to the best interests of the child, as outlined in the Convention on the Rights of the Child and the Child Act 2001.
"Suhakam's Office of the Children’s Commissioner calls on all parties, particularly enforcement agencies, educators and society at large, to understand and uphold this principle," it said in a statement.
“Protecting children is a collective responsibility, and every child deserves full protection from exploitation and the opportunity to grow up safely and healthily.”
The statement from Suhakam comes in the wake of a recent proposal by Kelantan police chief Datuk Mohd Yusoff Mamat, who said that underage girls – not just their male partners – involved in consensual sexual activity should also be prosecuted.
Suhakam's Office of the Children’s Commissioner said the legal principles of statutory rape under Section 375(g) of the Penal Code, particularly regarding consent and the protection of children, must be properly understood.
The law, it said, is based on the principle that girls under the age of 16 do not have the legal capacity to consent to any form of sexual activity. This means that even if a situation appears “mutual,” the law regards the girl as a victim.
“The rationale is that girls at this age are not yet mature physically, mentally or emotionally, and are easily exposed to manipulation, persuasion or exploitation by others.”
“Therefore, the law ensures that girls who are victims are protected from double trauma and are not blamed or punished. Punishment in these cases applies only to the male perpetrator, whether he is an adult or a child under the age of 18.”
As for male child perpetrators, the law allows them to be charged but subject to the special principles of juvenile justice.
According to Section 91 of the Child Act 2001, the court has the authority to issue orders for children, including placement in approved institutions such as Sekolah Tunas Bakti or Henry Gurney Schools.
“This approach strikes a balance between accountability and rehabilitation, providing young offenders with a second chance. They are not punished like adult criminals but are still held responsible and undergo rehabilitation,” it added.
In his column in Twentytwo13 on Monday, criminologist Datuk Dr P. Sundramoorthy said Mohd Yusoff's proposal raises serious legal, ethical and policy concerns.
Sundramoorthy said that while Mohd Yusoff's intention to address the rising trend of teenage sexual activity is understandable, the solution he proposes risks undermining the framework of child protection enshrined in the legal system.
Sundramoorthy, an honorary associate professor at the Centre for Policy Research, Universiti Sains Malaysia, said that rather than criminalising girls, Malaysia would do well to study how other advanced democratic societies deal with similar issues.
