It is not only Kelantan, which has a serious social problem involving the young, and punishment is not the only solution, says the writer. — 123rf
THERE is a popular saying, that it takes two to tango. It means that in a situation that involves two people, both are held accountable for what happens. Both must share responsibility.
This was probably the stand of Kelantan police chief Datuk Mohd Yusoff Mamat, who has proposed that girls involved in consensual sexual relations with underage boys, must also be made liable.
He made the statement in response to a worrying rise in underage sexual activity in Kelantan. He was quoted as saying that nearly 90% of reported statutory rape cases were found to be consensual.
There was also an earlier news report that a 43-year-old woman had lodged a police report in Pasir Puteh, Kelantan, after her eldest daughter informed her that another daughter, aged 15, was offering sexual services on Telegram.
The mother also believed her daughter was involved sexually with several men.
Mohd Yusoff’s statement has been quickly dismissed by the government as his personal view and not an official stand.
However, the Kelantan PAS government backed his statement, with deputy Mentri Besar Dr Mohamed Fadzli Hassan calling for a review of existing laws so that both parties involved in “consensual” rape cases are held responsible.
Both of them are entitled to their views and argument, although as a lawmaker and law enforcer, they should also realise that the existing laws are very clear.
These laws involving minors are not exclusive to Malaysia – they are practised in most countries around the world.
These include countries like Singapore, the Philippines, the United Kingdom, South Africa and Kenya, although some Western countries have allowed close-in-age relationships even if it involves minors, with age thresholds.
There is no reason for the existing law in Malaysia to be changed simply because of the situation in Kelantan, as any changes to the law will be applicable to other states, too.
The Malaysian Penal Code stipulates that any sexual activity with a minor (under 16) is considered statutory rape, even if the minor consents.
This legal principle is grounded in the idea of protecting children and adolescents from exploitation, manipulation, and harm, regardless of their apparent willingness or consent.
Under Section 375(g) of the Malaysian Penal Code, a man is said to have committed rape “with or without her consent, when she is under sixteen years of age”.
This means consent is not legally valid when the person is under the age of 16. The rationale is that minors are not legally capable of giving informed consent to sexual activity.
What can be more despicable than to have a grandfather or an adult having sex with an underage girl, even if it is regarded as consensual? The adult would have clearly manipulated or coerced minors into such purported consensual acts by taking advantage of their inexperience and vulnerable positions.
Certainly these adults should know better than to have sex with minors. Rightly or wrongly, the impression given is that punishment of the victim is the preferred approach of those who want the laws to be amended.
The logic of the prevailing laws is to protect minors from exploitation as they are generally seen as not mature enough to understand the physical, emotional, and psychological consequences of sex.
There is a clear legal – and even uncompromising – rationale behind these laws as they want to avoid any ambiguity.
If the law allowed for “consensual sex” with minors under certain conditions, it would be much harder to prove coercion or manipulation in court.
Women, Family and Community Development Minister Datuk Seri Nancy Shukri and Datuk Seri Azalina Othman Said, Minister in the Prime Minister’s Department (Law and Institutional Reform), must be commended for putting their foot down.
Azalina said the laws on statutory rape will not be changed and that the government is committed to international standards in cases of rape, particularly those involving minors.
Nancy said the children involved in underage “consensual” sexual relationships should be guided, rehabilitated, and protected instead of being subjected to punishment.
It is better for the Kelantan government to determine, with comprehensive, data-driven research, why young people in the state are involved in consensual sex despite the conservative rule in the state.
Sinar Harian also reported that in 2023, the state health department revealed that 80% of reported HIV cases involved adults in their 30s who were infected through sexual transmission.
Dr Fadzil has however said that Kelantan only recorded 23 HIV cases in 2023, a far cry from Kuala Lumpur’s 357, Sabah’s 320, Penang’s 256, and Sarawak’s 248, saying these were figures from the Health Ministry.
Home Minister Datuk Seri Saifuddin Nasution recently said Kelantan had the highest number of drug addicts in 2024, based on National Anti-Drugs Agency statistics. The data was compiled from the police, Health Ministry, and private rehabilitation centres.
“Viewed in terms of drug addiction and abuse cases per 100,000 residents, the five top most states were Kelantan with 1,130 people, Terengganu with 974, Perlis with 965, Kedah with 898, Penang with 803 and Sarawak with 425,’’ he said in a written parliamentary reply.
Kelantan has a serious social problem involving the young, and punishment is not the only solution.
The state needs help from the Federal Government that focuses on behavioural change, increasing awareness, and delivering accurate and effective information that can attract the attention of the young.
It is better for the federal and Kelantan state governments to work together to find solutions to ease these social problems. It’s not a Kelantan only problem as they are all young Malaysians who need help and deserve as many chances in life as possible.
