Boys under 18 who engage in statutory rape through consensual sex with another minor will still face charges, but these cases are handled in juvenile court, according to Suhakam’s children’s commissioner. Under Section 91 of the Child Act 2001, courts can order underage offenders to be placed in approved institutions such as Henry Gurney Schools.
This approach balances holding young offenders accountable while focusing on rehabilitation, giving them a second chance. “They are not punished like adult criminals, but are still responsible and must undergo rehabilitation,” the office said.
The law also clarifies that any girl under 16 cannot legally consent to sex, meaning she is always considered a victim, even if the encounter appears “mutual.” Girls under 16 are deemed not physically, mentally, or emotionally mature enough to give consent and can be easily manipulated.
“The law ensures girl victims are protected from double trauma and are not blamed or punished. Only the male perpetrator faces punishment, whether an adult or under 18,” the statement said.
The Penal Code makes sex with girls under 16 illegal, a provision commonly called statutory rape.
Recently, Kelantan police chief Yusoff Mamat suggested underage girls who consented should also face legal action when their partners are charged. He claimed nearly 90% of statutory rape cases in the state involved mutual consent. Kelantan mufti Shukri Mohamed said the proposal needed careful study.
However, Suhakam’s children’s commissioner Farah Nini Dusuki strongly criticised the idea, and Law Minister Azalina Othman Said reaffirmed Malaysia would follow international standards, stating that “statutory rape is statutory rape.”
