NGO disagrees with using Child Sexual Offences Act on teen couple

 

A child rights NGO has expressed concern over what it terms as misuse of the Sexual Offences Against Children Act 2017.

In a statement today, the Child Rights Innovation and Betterment (Crib) Foundation pointed to an Oct 29 Borneo Post report about two Sibu teenagers who were charged under the act for sexual activity.

According to the article, the 16-year-old boy pleaded guilty under Section 14 (physical sexual assault on a child) for sexually touching a 15-year-old girl. The section carries a maximum 10-year jail sentence or a maximum RM20,000 fine or both.

The girl pleaded guilty under Section 5 (making, producing or directing the making or production of child pornography) for a digital production she sent to the boy. The section carries a maximum 30-year jail sentence and a minimum of six strokes of the rotan.

Commenting on the case, Crib Foundation opined that a law meant for sexual predators should not have been used against the teenage couple.

“The foundation is of the view that the act of arresting and prosecuting two children aged 15 and 16 engaged in consensual sexual activity not amounting to statutory rape is not only contrary to the intention and spirit of the act and the best interests of children in Malaysia, but (also) a waste of public resources and government machinery,” it said.

The NGO urged the government to enforce the act in line with the spirit of the law and ensure children had access to legal counsel when they needed it.

“Crib Foundation urges the Malaysian government [...] to implement and enforce the act with the view of protecting children from sexual predators.

“The foundation further urges the government to take steps to ensure that all children brought before the Malaysian courts are given access to free legal representation and that all stakeholders are continuously and properly trained in the implementation and enforcement of the act,” it said.

Both the girl and boy were reportedly released on RM2,000 bail each. Their next court date before Magistrate Syraifah Fatimah Azura Wan Ali is on Nov 18.

There was no mention of lawyers in the article.

The article was published in the Borneo Post newspaper but was not found on its website. - Mkini