Underage sex is still rape

The releasing of three individuals convicted of raping minors has put the Malaysian judiciary under the spotlight.

COMMENT

Aziff Azuddin

Rape is rape. There is no clean way one can paint a picture of rape in favourable light and rightfully so. When one mentions rape, a vile act of aggression against a weaker victim to satisfy raging sexual desires is what comes to mind. But in light of recent issues, the Malaysian judiciary has to really look over and redefine what the term rape really amounts to.

Just less than a month ago, a national bowler charged with statutory rape was let off the hook because he was deemed to have a ‘bright future’. Needless to say, it caused an angry reaction among Malaysians as we saw this man walk away with nothing but a slap on the wrist – he is now a free man, unpunished.

In recent events, we’ve seen more and more reports of statutory rape making headlines and invoking public anger.

In the rapists’ defence; the (much) younger victim consented to sex, thus removing the allegation of rape. In the recent case where a kindergarten teacher raped a four year-old girl, the High Court judge Zamani Abdul Rahim said :

“We are dealing with evidence by a child of tender years in an allegation of rape. We must not forget who is involved in this rape allegation, even if she is an adult, in which women have a tendency to exaggerate about a sexual act. So for a child of tender years, they confuse facts with fantasy”.

To see why statutory rape is considered a crime, we have to first examine its essence.

Statutory rape is sex participated with minors under the age of 16, which is the legal age of consent. Scientifically, an individual’s developmental years range from childbirth up until teenhood. These are the years individuals are exposed to experiences, knowledge and beliefs that will shape them as a person.

They are protected because they are regarded as not of age to reason or take responsibility for their actions. Having sex with a minor is to take advantage of this naivety for one’s own sexual pleasure.

It doesn’t help that in this day and age where the Internet and media bombard us constantly with subtle messages of sexuality, one’s exposure to sex and its perceived values are somewhat questionable.

Youngsters are growing up believing that sex is the only way to express love and desire, as opposed to mutual respect and proper treatment. It is no surprise that these distorted values is what’s contributing to baby dumping and teen pregnancy along with our shoddy Malaysian sex education syllabus.

Sending the wrong message

Statuary rape is rape, with or without consent. What the Malaysian judiciary is doing by allowing these rapists to walk away scot-free is sending the message to the public that raping a helpless naive child is okay because if you show enough remorse and work out a good-behavior bond, everything will be alright.

Police statistics showed there were 9,575 underage rape victims from 2005 to 2010 and these were only the reported ones. Most rape victims fear going forward because of social backlash and that in the unfortunate spin of events, the girl would be blamed instead of the man.

How is our government and its laws taking care of our children? We’re quick to enforce laws such as the Section 114A (a recent Internet evidence law) but how many satutory rape cases would it take for the judiciary to look into this issue with the same seriousness?

Take a look back into recent history and see if we seem not to be moving towards the slope of negligence.

We have seen children raped and battered beyond recognition (Nurin Jazlin), we have seen them kidnapped and never returned (Sharlinie) and even in the comfort of routine where children normally to go to sundry shops alone, we have seen them only to be kidnapped and found burned to death (Nurul Nadirah).

Is our judiciary sending a message out there stating that it’s okay for rapists to manipulate children for sex and get away with it. Is the judiciary found guilty of providing them with that avenue? Yes, they are.

This is the scenario in Malaysia; this is our reality. It is time the Malaysian judiciary reviews and broadens its definition of rape before a relative you know becomes the next victim.

Aziff Azuddin, 22, is currently pursuing his Bachelor’s Degree in Journalism.