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TEBRAU Member of Parliament Jimmy Puah Wee Tse has strongly rejected a recent proposal by Kelantan Police Chief Datuk Mohd Yusoff Mamat to consider prosecuting underage girls in statutory rape cases, calling it a grave misunderstanding of Malaysia’s criminal law and a fundamental threat to child protection.
The Johor PKR vice-chairman described the suggestion as “shocking” and entirely at odds with the intent of existing legal frameworks designed to shield minors from sexual exploitation.
"According to Section 375(g) of the Penal Code, sexual intercourse with a girl under 16 years of age is considered rape, even with so-called ‘consent’. This law exists because children are not legally capable of giving consent," he said in a statement.
“It is grounded in the understanding that minors lack the psychological, cognitive and social maturity to make such decisions. The law does not merely assess consent; it is designed to prevent exploitation by adults wielding power, age or emotional manipulation,” he added.
Puah further pointed out that Section 375 explicitly defines rape as an act committed by a man against a woman, “against her will”, thereby excluding women from being charged as perpetrators under this provision.
“Legally, a girl cannot be convicted of raping a man, as the statute does not recognise women as rapists. This principle places responsibility squarely on the adult male capable of exploitation, not on the underage girl who should be afforded protection,” he explained.
He warned that criminalising minors in such cases would not only contradict the law but also violate humanitarian principles and children’s rights, while undermining broader efforts to uphold women’s rights.
“This proposal has no legal basis and could lead to serious social consequences. The law is meant to protect children, not to punish them. Even if it appears consensual, we must ask: is a child truly capable of making an informed decision? Do they understand the physical and emotional consequences? Can they choose freely, without coercion or persuasion?” Puah questioned.
He emphasised that prosecuting underage girls would constitute both a legal error and a moral failure, sending a harmful message to society at large.
“It would only increase stigma, deter victims from coming forward, and shut the door on justice. Yusoff’s statement is not only irresponsible, but also reflects a fundamental misunderstanding of gender, age, and power dynamics.”
“The role of the police is to protect the vulnerable, not to turn them into criminals. If left unchallenged, the justice system risks becoming a source of fear, not a pillar of protection,” he warned.
The controversy stems from remarks made by Kelantan’s top police officer on Sunday, who suggested that current legal provisions be reviewed so that legal action in underage sexual cases is not limited solely to male offenders. He cited statistics indicating that nearly 90 percent of statutory rape cases in Kelantan involve so-called "consensual" relations between minors. - September 22, 2025
