Lawyer calls for ‘Romeo and Juliet’ clause for consensual teen sex

 A Srimurugan says the current law fails to distinguish between consensual teenage relationships and sexual exploitation.

Lawyer A Srimurugan proposed amending the law so that a male under 18 will not be guilty of rape for having consensual sex with a person under 16, provided the relationship was voluntary. (Envato Elements pic)

PETALING JAYA:

Malaysia should amend its statutory rape law to protect teenagers in genuine consensual relationships from being prosecuted as sex offenders, a senior lawyer says.

Presenting his paper on “Decriminalising Adolescent Consensual Sex” at a law conference organised by the Selangor Bar Committee today, A Srimurugan said the law should distinguish between sexual exploitation and consensual relationships involving adolescents close in age.

Srimurugan said Section 375(g) of the Penal Code currently treats sexual intercourse with a girl below 16 as rape, regardless of consent.

This could result in a teenage boy being prosecuted for rape even where both parties were minors and the relationship was consensual.

A Srimurugan.

“The rigid legal framework under Section 375(g) of the Penal Code fails to distinguish between exploitative acts and consensual adolescent behaviour,” he said.

Srimurugan said the problem arose particularly when parents discovered such relationships and lodged police reports against the teenage boys.

The law would then treat the girl as a victim and the boy as the offender, potentially exposing him to prosecution under the Penal Code and the Sexual Offences Against Children Act 2017.

He proposed introducing a “Romeo and Juliet” or close-in-age exception, which would prevent criminal prosecution where adolescents engage in consensual sexual activity and there is no coercion, manipulation or force.

Under his proposed amendment, a male below 18 would not be guilty of rape for consensual sex with a person below 16, provided the relationship was voluntary.

The exception, however, would not apply where the male held a position of trust, power or authority over the younger person.

Srimurugan said such an approach would allow the law to protect children from predators while avoiding disproportionate punishment for adolescents involved in consensual relationships.

He stressed that decriminalising consensual sexual activity between adolescents would not encourage teenage sex.

He also proposed replacing criminal punishment with counselling and rehabilitation for both teenagers.

“A criminal conviction for rape can devastate a teen’s life,” he said, pointing to possible consequences for education, scholarships, career prospects, and social functioning. - FMT