Penang Chief Minister Lim Guan Eng has expressed "shock" that the BN-led federal government and attorney-general (AG) have appeared to condone the marriage of a statutory rape victim to the rapist so that he can avoid prosecution.
He described as “unacceptable” the ongoing case in Sabah, where the offender has offered to marry the 13-year-old victim under Syariah law and has applied for the rape charge to be withdrawn.
"A crime is a crime and must be punished severely," Lim said in a statement today.
"Allowing a rapist to get off scot free by marrying (his victim) is not only morally outrageous but completely amoral. What safeguards are there left for minors from rapists?"
Star reported that this has happened even though the AG’s Chambers had been given the green light by the government on Oct 15 to "amend Section 376 of the Penal Code to ensure that those convicted of raping underage girls received the mandatory jail term without the liberty of seeking other legal provisions to mitigate the sentence".Lim said the reason that there is a criminal provision against statutory rape is to protect young girls below 16 who consent to sex without understanding the implications of their decision.
If men can escape being penalised for statutory rape by marrying their victims, “will this escape clause be extended ... by encouraging rapists to marry their victims?”
"It is morally repugnant to allow the rape victim to marry the rapist so that the rapist can avoid paying the penalty for his heinous crime," Lim said.
"This is punishing the victim not the rapist. Both the rapist and victim may marry in future as is within their right, but no one can use that as an escape clause.
"What is the use of having rule of law, if laws can not protect (minors)? I hope that the relevant authorities will be shamed into pressing for action against all cases of statutory rape - which is a crime regardless whether the rapist marries the victim or not."
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