Criminologist: Law states boy under 13 cannot commit rape

A 12-year-old boy from Batu Gajah, Perak, has been remanded until tomorrow for allegedly raping a girl being cared for in his mother's nursery.

However, a Penang lawyer said the law is very clear that a boy below the age of 13 years "cannot be guilty of rape".

"This is an irrebuttable presumption of law. This is wrong (the remand order)," said criminologist Shamsher Singh Thind (photo, above).

Shamsher said Section 113 of the Evidence Act 1950 provides that: "It shall be an irrebuttable presumption of law that a boy under the age of 13 years is incapable of committing rape."

He added: "So, on what basis was the boy remanded? He committed no offence in the eyes of the law.

"Nothing under rape, but technically, he can still be charged for causing hurt under Section 323 or Section 325 of the Penal Code."

On July 2, Bernama reported that the boy had admitted to the police that he raped the girl, after the girl’s mother lodged a report.

The report stated that the rape had allegedly taken place thrice since May and the boy said he committed the act as he was "influenced by videos".

The mother had taken her daughter to a clinic on Friday, June 28, after the girl complained of pain in her private parts.

"The doctor found a broken hymen as well as other tears and advised the mother to report to the police," Bernama had reported.

Shamsher said that immunity from criminal liability is given to a child below the age of 10 years for all other offences.

"That means if you are 10 years and above, you may be liable for any crime, except rape, where a boy may be liable only if he is 13 years and above," he said.

Yesterday, Deputy Prime Minister and Women, Family and Community Development Minister Wan Azizah Wan Ismail had ordered the nursery, which was not registered with the Welfare Depart­ment, to be shut down. - Mkini