Amid Statutory Rape Debate Children S Commissioner Points To Diversion As Option For Boys

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Suhakam Children’s Commissioner Dr. Farah Nini Dusuki speaks during a press conference in Kuala Lumpur on March 13, 2024. — Yusof Mat IsaKUALA LUMPUR, Sept 24 — The Office of the Children’s Commissioner (OCC) has called for greater awareness of rehabilitation-focused diversion options for boys under 18 charged with statutory rape, while stressing that girls under 16 can never be criminalised in such cases.
In a statement today, the commissioner, operating under the Human Rights Commission of Malaysia (Suhakam), clarified that while juvenile offenders are held accountable under the Child Act 2001, they are not punished in the same way as adults.
Instead of prison, courts may order rehabilitation in institutions such as Sekolah Tunas Bakti or Henry Gurney Schools. 
The OCC described this as a necessary balance between justice and giving young offenders a second chance.
“They are still held responsible and undergo rehabilitation,” the statement read.
The OCC firmly stated that girls under the age of 16 are never to be criminalised, as they cannot legally consent to sexual activity under Malaysian law. 
It warned that punishing girl victims would risk “double trauma” and violate Malaysia’s obligations under both the Child Act and the Convention on the Rights of the Child (CRC).
The office reiterated that statutory rape laws are designed to protect girls from manipulation, persuasion, or exploitation. 
“The rationale is that girls at this age are not yet mature physically, mentally, or emotionally,” it said.
Why is the OCC saying this now?
The OCC’s remarks comes days after Kelantan police chief Datuk Mohd Yusoff Mamat suggested that “consensual” cases of statutory rape should be re-examined, sparking public concern that girls might be held equally culpable in certain situations.
That suggestion was rejected by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, who reiterated Malaysia’s commitment to international standards. 
“For now, we adhere to the standard that statutory rape is statutory rape,” Azalina reportedly said, adding that any proposals for reform should be channelled to the Criminal Law Reform Committee.
The OCC concluded by urging enforcement agencies and society to uphold child protection principles and resist any framing of victims as offenders. - malaymail

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