DAP national adviser Lim Guan Eng has urged Kelantan police chief Yusoff Mamat to withdraw his suggestion for girls in statutory rape cases to be charged alongside the adult male perpetrator.
In a statement today, Lim also told Yusoff to apologise to women and girls for his “insensitivity” as well as for his “outrageous” proposal.
“There is a reason for setting the age of consent at 16 and making it a criminal offence for perpetrators to have consensual sex with minors below that age, as committing statutory rape.
“The intention behind this law is to protect young girls from sexual exploitation due to their tender age, as they are not mature and knowledgeable enough to be able to decide on their own to consent to sex.
“This strict liability provision is the law not just in Malaysia but almost every country globally, with the only variation being in what should be the legal age of consent,” the Bagan MP said.
Proposing this yesterday, Yusoff argued that this is because nearly 90 percent of statutory rape cases are consensual, based on investigations.
He expressed his belief that taking action against both parties would curb statutory rape.
The state police chief also said he would discuss the proposal with the Attorney-General’s Chambers, Kelantan Islamic Religious Affairs Department, and relevant parties.
‘Lack of empathy’
Commenting further, Lim slammed Yusoff’s proposal as going against the latter’s duty to protect women and girls.
“Police officers like him bear a fundamental duty to defend and safeguard society, particularly the weak and law-abiding citizens, especially women, children, and the vulnerable, from criminals and sexual predators.
“How can this be achieved when the rape victim is also penalised together with the culprit?
“Such a suggestion is not just misguided but shows a complete lack of sympathy, empathy, and compassion for girls who are minors and victims of statutory rape,” Lim added.
Expressing similar sentiments, Lawyers for Liberty co-founder Latheefa Koya deemed the police’s suggestion as “beyond ridiculous”, highlighting the logic behind current laws on rape that do not criminalise female victims.
“The whole rationale of creating the statutory offence of rape is to protect underage girls. Their ‘consent’ is irrelevant, because they’re incapable of fully understanding the act or its consequences.
“This stand by the police will mean that many parents or teachers who discover cases of statutory rape may not report it for fear of implicating the poor girl,” she warned.
She also urged the government, particularly the Home Ministry, as well as the Women, Family, and Community Development Ministry, to address the contentious proposal and state their stance on the matter.
In a separate statement, DAP lawmaker Teresa Kok urged the police to include gender sensitivity in training.
Police officers should also be trained on legal principles that protect children and women, she added.
In a statement today, the Seputeh MP went on to slam Yusoff for his proposal, saying it is proof he has neither sympathy for the underage victims of statutory rape nor understanding of laws that protect children.
“If we want to curb the problem of premature sexual intercourse, the focus should be on preventive measures, including strengthening sex education in schools, raising awareness among adolescents about their rights and self-protection, and improving enforcement against the crime of grooming and sexual exploitation of children, especially in cyberspaces,” she said.
Social media grooming
Last year, Bukit Aman’s Sexual, Women, and Child Investigation Division principal assistant director Siti Kamsiah Hassan said the increase in statutory rape is believed to be due to grooming on social media.
The sexual grooming of children occurs when an adult gains a vulnerable child’s trust for a sexual relationship.
Siti Kamsiah told Bernama that the majority of statutory rape victims told investigating officers that they got to know the perpetrator over social media before meeting them in person.
“This shows that these girls have undergone the grooming phase with greetings of ‘hi’ and words of praise, which leads to the girls sending nude photos.
“This is followed by the meeting phase, which results in these girls being raped, including by gangs,” she said. - Mkini
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