DAP leader says proposal to punish underage girls for ‘consensual’ sex is legally unsound and morally indefensible
DAP veteran Lim Guan Eng has denounced Kelantan police chief Datuk Mohd Yusoff Mamat’s controversial proposal to amend Malaysia’s statutory rape laws to allow the prosecution of underage girls who “consent” to sex, calling it a “shocking abdication of responsibility” and “ethically wrong”.
In a sharp rebuke issued today, the Bagan MP said the suggestion betrays the core duty of law enforcement — to protect the most vulnerable in society.
“Police officers like him bear a fundamental duty to defend and safeguard society, particularly the weak and law-abiding citizens, especially women, children and the vulnerable,” said Lim.
“How can this be achieved when the rape victim is also penalised together with the culprit?”
Describing the proposal as “not just misguided”, Lim said it demonstrated “a complete lack of sympathy, empathy and compassion for girls who are minors and victims of statutory rape”.
Under Malaysian law, the age of consent is 16. Sexual relations with anyone below that age are automatically deemed statutory rape, regardless of whether the minor appeared to consent.
“These laws are in place to protect young girls from sexual exploitation due to their tender age, as they are not mature and knowledgeable enough to be able to decide on their own to consent to sex,” Lim said.
He emphasised that similar legal protections exist in most countries — with the only difference being the specific age of consent — and questioned why Malaysia should be any exception.
“What makes Malaysia so different that the victim must be punished merely for giving consent when she is not legally capable to do so?” he asked.
Lim called on the Kelantan police chief to immediately withdraw the proposal, issue a public apology “for his insensitivity towards women and girls”, and instead focus efforts on curbing the rise in statutory rape cases in the state.
Datuk Mohd Yusoff Mamat was quoted yesterday as suggesting that girls under 16 who willingly engage in sexual activity should face legal consequences, arguing that it could serve as a deterrent to teenage sex. He claimed that most statutory rape cases in Kelantan involved mutual consent, and said he would raise the matter with the Attorney General’s Chambers and relevant authorities.
Lim, however, said such a policy would wrongly criminalise victims while letting systemic issues go unaddressed.
He called for greater leadership grounded in compassion and justice, and reiterated the importance of preserving the intent of the law — to protect, not punish, minors. - September 22, 2025