Malaysia should amend its statutory rape laws to distinguish between sexual exploitation and consensual relationships involving teenagers close in age, a senior lawyer has proposed.
A Srimurugan said the current legal framework could result in adolescents being prosecuted as sex offenders even when both parties are minors and the relationship was consensual.
Presenting his paper, “Decriminalising Adolescent Consensual Sex”, at a law conference organised by the Selangor Bar Committee today, he said Section 375(g) of the Penal Code treats sexual intercourse with a girl below 16 as rape regardless of whether she consented.
He said this could see a teenage boy facing rape charges when the relationship involved two minors of similar age and there was no coercion, manipulation or force.
“The rigid legal framework under Section 375(g) of the Penal Code fails to distinguish between exploitative acts and consensual adolescent behaviour,” he said.
According to Srimurugan, the issue can arise when parents discover their children’s relationships and lodge police reports against the teenage boys involved.
In such cases, the law treats the girl as a victim while the boy may be regarded as the offender, potentially exposing him to prosecution under both the Penal Code and the Sexual Offences Against Children Act 2017.
Srimurugan proposed introducing a “Romeo and Juliet” or close-in-age exception to prevent criminal prosecution in cases involving consensual sexual activity between adolescents, provided there is no coercion, manipulation or force.
Under his proposed amendment, a male below 18 would not be considered guilty of rape for consensual sex with a person below 16, provided the relationship was voluntary.
However, the proposed exception would not apply if the older adolescent held a position of trust, power or authority over the younger person.
Srimurugan said such an amendment would allow the law to remain focused on protecting children from predators while avoiding what he described as disproportionate punishment for teenagers involved in genuine consensual relationships.
He stressed that decriminalising consensual sexual activity between adolescents should not be interpreted as encouraging teenage sex.
Instead, he proposed that counselling and rehabilitation be considered as alternatives to criminal punishment for both teenagers.
“A criminal conviction for rape can devastate a teen’s life,” he said, highlighting potential consequences for their education, scholarships, future careers and ability to function socially.
