Malaysia

Kelantan backs call for legal reform on consensual underage sex cases

Kelantan’s Deputy Chief Minister says both parties must be held accountable in consensual sexual cases involving minors, calling for a federal review and shift towards rehabilitation.

Updated 1 year ago · Published on 24 Sep 2025 2:10PM

Kelantan backs call for legal reform on consensual underage sex cases
The federal ministry maintains protection and reform must remain the priority, Nancy affirms - September 24, 2025

THE Kelantan state government has backed a proposal by the state’s police chief to reconsider legal approaches in statutory rape cases involving consensual sex between minors, calling it a necessary step towards justice for both parties involved.

Datuk Dr Mohamed Fadzli Hassan, Kelantan’s Deputy Chief Minister, said the suggestion made by Kelantan Police Chief Datuk Mohd Yusoff Mamat was “worthy of serious consideration” and reflected genuine concern over pressing social issues.

“This is not about punishment alone,” said Dr Fadzli. “It is about ensuring both sides are given a fair and educational response. In such situations, it is not appropriate that only the boy is held responsible. The girl must also be held accountable, especially when the act is consensual.”

“In many cases, the motivation for the act does not come solely from the male party,” he added. “Sometimes, the initiative comes from the female as well. If we let this slide, we risk reinforcing the perception that only boys are to blame.”

Dr Fadzli proposed that the federal government establish a special committee to explore alternative legal approaches that move beyond criminal prosecution and instead prioritise education, moral reform, and mutual accountability.

Commenting further, he criticised the tendency of some parents to assign blame exclusively to male youths in such incidents.

“Often, when parents discover their daughters have engaged in illicit relationships, they immediately lodge police reports and the boy faces legal consequences — yet no responsibility is taken for educating their own children,” he said. “Both male and female minors must be equally accountable.”

Earlier this week, Kelantan’s top police officer, Datuk Mohd Yusoff Mamat, called for a review of existing legislation, citing that nearly 90 per cent of statutory rape cases in the state involve consensual sex between minors rather than coercion.

He argued that the current laws fail to reflect the nuance of such situations and urged policymakers to re-examine them.

In response, the federal Women, Family and Community Development Ministry reiterated that its position remains rooted in child protection, guidance, and rehabilitation — not criminalisation.

“All children, regardless of gender, deserve protection and the chance to recover and rebuild their lives without carrying long-term stigma,” said Minister Datuk Seri Nancy Shukri in a statement today.

“This issue must be viewed within the broader context of a child’s emotional, cognitive, and social development. Our focus is on counselling, education, and structured support to ensure their well-being,” she said.

Nancy noted that current legal frameworks already include community-based rehabilitation, institutional support, and intervention tailored to children who come into conflict with the law.

She also reminded the public that the ultimate responsibility for safeguarding children rests with adults.

“Any form of exploitation or abuse will be met with firm legal action. But this issue cannot be resolved through law alone — it requires family strength, public awareness, and community involvement,” she said.

Nancy warned that uninformed public statements could confuse society and disrupt efforts to nurture children's natural development.

“Every child deserves a second chance,” she said. “The way forward lies in care, guidance, and protection — not punishment.” - September 24, 2025

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