A public outcry has erupted in Malaysia after a police chief suggested that girls involved in underage “consensual” statutory rape cases should also face charges.
The remark by Kelantan police chief Yusoff Mamat drew sharp criticism and reignited a debate over how the justice system should treat minors.
Rights groups have targeted Mr Yusoff for his remarks. “Punishing children for being victims of sexual activity risks silencing them further, deterring reporting and reinforcing victim-blaming culture,” Zati Hanani, senior advocacy officer at the Women’s Aid Organisation, was quoted as saying by 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.
Mr Yusoff’s remarks stemmed from his claim that almost 90 per cent of statutory rape cases in the east coast state involved teenagers engaging in what he described as “consensual” sex.
Earlier, a coalition of other women’s rights organisations also strongly criticised Mr Yusoff’s remarks. The Joint Action Group for Gender Equality (JAG) said in a statement: “Children in Malaysia are fully protected under the law, which stresses that any action concerning a child must prioritise their best interests.”
“To call for girls to be charged contradicts both the law and child protection principles, showing a lack of understanding of the law and the urgent need for education and prevention,” the group added, according to The Star.
“Making such a suggestion in a press conference is inappropriate, as it shifts focus away from protection and education,” it said.
Earlier, home minister Saifuddin Nasution Ismail had clarified that Mr Yusoff’s statement reflected his personal view, not government policy.
But the damage had been done, as political leaders, child rights advocates, and religious figures condemned the idea of criminalising children.
In response to the backlash, Women, Family and Community Development Minister Datuk Seri Nancy Shukri stressed that children must be supported rather than punished.
“As children, they should be given the opportunity and space to learn from mistakes, to heal and to rebuild their lives without being burdened by stigma or long-term trauma.
“This must be viewed by taking into account their emotional, cognitive and social development. Therefore, the ministry’s main focus on this issue is to provide counselling, education and structured support to ensure their wellbeing and future,” she said.
Ms Nancy also reminded the public that while children should be rehabilitated, under no circumstances should [adults] exploit them, adding that “in cases where exploitation or abuse is proven, the government will ensure that the law is enforced strictly and effectively against the perpetrators”.
She concluded: “Every child deserves a second chance. The way forward is not through punishment, but through care, guidance and protection.”
Under Malaysian law, sex with a girl under 16 is classified as statutory rape, regardless of whether she consents. Men convicted of the offence face up to 20 years in prison and can also be punished with whipping.
Male minors aged 13 to 17 can technically be charged as well, but because they are still legally children, their cases are handled under the Child Act, which prioritises rehabilitation and welfare instead of harsh sentencing.
This means outcomes like probation centre detention, counselling, or protective orders may be applied rather than long prison terms. If the offender is an adult woman, she can also face prosecution under the Penal Code.
Earlier, the de facto law minister of the country, Azalina Othman Said, reaffirmed that Malaysia’s legal position remains unchanged – girls under 16 are not legally capable of giving consent to sexual activity.
Responding to Mr Yosoff’s remarks, 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”.
