Kelantan is seeing a spike in sexual crime cases — with more than 90% of reports involving consensual sex — and the trend is reigniting questions about whether Malaysia’s statutory rape laws are fair to all involved.
Criminal lawyer and former Bar Council president Salim Bashir said while the principle behind statutory rape laws is that underage girls lack the maturity to give valid consent, applying this standard almost exclusively to girls — and not to boys of similar age and development — risks being unfair.
“Should we punish a child for having consensual sex with another child when there’s no element of force? This is a complex dilemma without an easy answer,” Salim said. “By removing the element of coercion and relying solely on the girl’s age to prove rape, we create an assumption that only the boy should bear heavy punishment.”
He added that in today’s context, it may no longer be appropriate to automatically view an underage girl in a consensual act with a teenage boy as a victim rather than a participant. While the law still treats underage girls as victims, Salim argued, fairness in trial procedures must also extend to boys accused in statutory rape cases.
Currently, Section 375(g) of the Penal Code covers statutory rape offences, while the Child Witness Evidence Act governs testimony from child victims or witnesses. Salim highlighted that recent amendments, such as Section 6B which restricts cross-examination, removal of corroboration requirements, and the scrapping of competency tests, further raise concerns about a fair trial. “The government needs to review such laws to ensure justice and equal rights for accused children,” he said.
Kelantan police chief Datuk Mohd Yusoff Mamat yesterday proposed a review of the existing laws to ensure they are enforced fairly against both male and female parties. He noted that although evidence and confessions often exist, it is typically only male suspects who are charged.
“Why should only boys be prosecuted when the act is consensual? We want to curb this trend and make sure those involved — especially underage teens — understand the seriousness and consequences of their actions,” Yusoff said.
Under current laws, such cases are investigated under Section 376 of the Penal Code for rape or Section 14 of the Sexual Offences Against Children Act 2017 (Act 792), depending on the ages involved.
