The Ministry of Women, Family and Community Development has reiterated its unwavering commitment to protecting children, irrespective of gender, in response to a controversial proposal to impose legal action on underage girls involved in consensual sexual relationships when their partners face statutory rape charges.
Minister Nancy Shukri emphasized that children in such cases require protection, guidance, and rehabilitation rather than punitive measures. “Unsubstantiated statements that overlook the fundamental need for children’s guidance and protection risk causing public confusion or misunderstanding,” she said in a statement. She stressed that every child deserves a second chance, advocating for care and support over punishment.
“Children should be given the opportunity to learn from their mistakes, recover, and rebuild their lives without the burden of stigma or long-term trauma,” Nancy said. “This issue must be approached holistically, considering a child’s emotional, cognitive, and social development to help them understand the consequences of their actions.”
The ministry’s stance comes in response to a recent suggestion by Kelantan police chief Yusoff Mamat, who proposed that underage girls engaging in consensual sex should face legal consequences alongside their partners, who are typically prosecuted for statutory rape. Yusoff noted that nearly 90% of statutory rape cases reported in Kelantan involve mutual consent, though current laws primarily target male offenders. Under the Penal Code, sexual intercourse with a girl under 16 is classified as statutory rape, regardless of consent.
Kelantan mufti Shukri Mohamed commented yesterday that Yusoff’s proposal merits careful consideration, as it raises critical questions about justice and the interplay between civil and shariah law.
Nancy reaffirmed that the ministry’s priority is to provide structured counselling, education, and support to safeguard the future well-being of children involved in such cases. She highlighted that existing laws and community-based rehabilitation programs are designed to ensure children receive comprehensive guidance at every stage.
The ministry’s position underscores a broader commitment to fostering a supportive environment for children, prioritizing their development and rehabilitation over punitive measures, in alignment with Malaysia’s child protection framework.
