Putrajaya is looking into revising laws on statutory rape in a manner that will still uphold the principle of prosecuting offenders while protecting victims.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said a Criminal Law Reform Committee has been established to study existing provisions before recommending changes.
The minister also reiterated that the purpose of statutory rape laws is to protect children, not punish them, as existing laws recognise that minors do not have the capacity to provide consent.
“That is why the law treats them as victims. If victims are also prosecuted, it could discourage them from seeking help and justice,” Berita Harian quoted Azalina (above) as saying today.
“The Madani government is always open to views and suggestions for improvements from all parties. However, the principle is clear: offenders must be brought to justice while victims must be protected.
“That is the government’s position in upholding the rule of law and justice for all,” she added.
On Monday, Azalina affirmed that the government remains committed to upholding international standards in cases of rape, particularly those involving minors.
She said this in responding to Kelantan police chief Yusoff Mamat’s suggestion that discussions be held on “consensual rape” cases to consider action against both parties involved, instead of only against the male.
Yusoff said he would discuss the proposal with the Attorney-General's Chambers and the Kelantan Islamic Religious Affairs Department, among others.
Protecting victims
In a separate statement today, the office of the children’s commissioner under Suhakam clarified that while statutory rape under Section 375(g) of the Penal Code punishes male perpetrators, regardless of age, separate laws provide different provisions for child offenders.
“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 and Henry Gurney schools,” it noted.
This approach, the office said, strikes a balance between accountability and rehabilitation while providing young offenders with a second chance as they are not punished like adult criminals, but are “still held responsible and undergo rehabilitation”.
Emphasising that statutory rape laws are not intended to punish girl victims but to protect them from any form of exploitation and discrimination, it added that such laws reflect Malaysia’s commitment to the best interests of the child.
Women, Family, and Community Development Minister Nancy Shukri had also commented on Yusoff’s proposal today, asserting that children who engage in underage sex - regardless of gender - need protection, guidance, and rehabilitation, instead of mere punishment.
She highlighted that children deserve to be given a second chance to learn from their mistakes and rebuild themselves without being burdened by trauma and stigma.
Certain quarters have argued that Yusoff’s proposal is regressive, pointing out that underage girls are neither legally nor mature enough to give consent to sex.
Lawyers have also suggested legal amendments to allow for provisions that aim to prevent the prosecution of minors for having sex with other minors within a specified age range.
Home Minister Saifuddin Nasution Ismail, however, has hit back at critics, claiming they have blown the issue out of proportion over what he deemed as Yusoff’s "personal opinion". - Mkini
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