Kelantan top cop’s call to punish girls in statutory rape cases slammed by Malaysia rights groups

KUALA LUMPUR - Protect victims, not victimise them further, say women’s rights groups amid a controversy sparked by the Kelantan police chief suggesting in September that underage girls in Malaysia should also face legal action in “consensual” statutory rape cases.

“Punishing children for being victims of sexual activity risks silencing them further, deterring reporting and reinforcing victim-blaming culture,” Ms Zati Hanani, senior advocacy officer at the Women’s Aid Organisation, told The Straits Times.

“Police officers are the first point of contact between society and the law. They therefore have a responsibility to be aware of children’s rights and adopt a gender-sensitive perspective. Publicly suggesting measures that contradict existing laws is inappropriate and diverts focus from the pressing priorities of protection and education,” she said.

Ms Zati joins a chorus of critics – federal leaders and human rights and women’s rights advocates – who have condemned the suggestion for undermining the very purpose of child protection laws.

Despite the backlash, Kelantan police chief Yusoff Mamat said on Sept 29 that he stood by his statement.

“Why should I apologise or withdraw the statement when it was merely my personal opinion? It is up to the government whether to take it into account or not,” he said.

His

remarks, made on Sept 21,

were based on his claim that nearly 90 per cent of statutory rape cases in the east coast state involved “consensual” sex between teenagers.

The controversy carries added weight in Kelantan, a conservative state governed by the Islamist Parti Islam SeMalaysia (PAS), where religious and moral discourse often shapes public debates.

The state’s Deputy Menteri Besar Mohamed Fadzli Hassan, who is from PAS, said on Sept 24 that it is unfair that, under existing laws, only the male party is punished.

“The proposal shows that the Kelantan police chief is taking the issue seriously, and we share that concern. In cases of consensual underage sex, the girl should also bear responsibility,” he was quoted as saying by Bernama news agency.

Kelantan mufti Shukri Mohamad said it raised questions over justice.

“Personally, I feel the current law should be reviewed to ensure all parties involved receive fair treatment,” he was quoted as saying by Bernama.

Under Malaysia’s Penal Code, it is an offence to have sex with a girl under the age of 16, otherwise known as statutory rape.

A man can be jailed for up to 20 years, and also be liable to whipping, if he has sexual intercourse with a female, with or without her consent, when she is under 16.

If the accused is a male minor aged between 13 and 17, he may technically still be charged with statutory rape. However, because he is still a child, the proceedings will be dealt with under the Child Act, which emphasises rehabilitation and welfare rather than punitive sentencing.

This means that rehabilitative measures such as detention in a probation centre, counselling or other protective orders may be applied.

If the perpetrator is a female adult, she may still face prosecution.

The controversy comes amid troubling data. Statutory rape and sexual offences involving minors across Malaysia rose by 202 cases, or 11.8 per cent, in 2023 compared with the year before, according to Bukit Aman’s Criminal Investigation Department.

Federal leaders were quick to distance themselves from the Kelantan police chief’s proposal.

Home Minister Saifuddin Nasution on Sept 23 stressed that Datuk Yusoff’s comments were his personal opinion and did not reflect government policy.

De facto law minister Azalina Othman Said on Sept 22 dismissed any change in Malaysia’s legal stance, which is that girls under 16 do not have the legal capacity to consent to sexual activity.

On Sept 24, the Office of the Children’s Commissioner of the Human Rights Commission of Malaysia issued a statement stressing that “statutory rape laws are not intended to punish girl victims, but to protect them from any form of exploitation and discrimination”.

Malaysian Bar Council president Ezri Wahab said protecting children must remain the “highest priority”.

“Malaysia’s response should reflect both our legal obligations and cultural values. Take firm action against predators, but provide education, counselling and family support for children,” he told ST.

Women’s Aid Organisation’s Ms Zati warned that the culture of victim-blaming would worsen “if the law itself treats girls as potential offenders”.

She noted that sexual crimes are already severely under-reported, citing a 2021 Women’s Aid Organisation survey that found that victim-blaming attitudes remained widespread, with 51 per cent of respondents saying they believed rape happens because of how women behave.

Such stigma would deter survivors from seeking medical assistance and examinations, ultimately affecting evidence collection and the well-being of victims, she added.

“If the concern is about consensual sex among minors, then we should focus on sex and reproductive health education,” Ms Zati said.

This is not the first time Mr Yusoff has attracted criticism.

In July, he was slammed for claiming that more than a dozen men had been

arrested at a “gay party” in Kelantan

.

Several non-governmental organisations and doctors said it was actually a health event to promote safer sexual health practices.