Kelantan Police Chief S Suggestion A Dangerous Miscomprehension Of Gender Equality Existing Laws

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THE recent proposal to charge underage girls involved in “consensual” statutory rape cases is not only deeply troubling but reflects a serious miscomprehension of gender equality and existing laws, said an MCA leader.
Its women’s wing chief Datuk Wong You Fong said this in response to Kelantan police chief Datuk Mohd Yusoff Mamat’s suggestion that underaged girls who have consensual sex should also face legal action when their partners are charged with statutory rape.
Yesterday (Sept 21) Sinar Harian quoted him as saying nearly 90% of statutory rape cases reported in the state involve consent by both parties “but the existing laws lean more towards prosecuting men only”.
For context, the Penal Code provision on rape makes it an offence to have sex with or without consent with a girl under 16.
It is also an offence to have sex with consent with a female person when she is unable to understand the nature and consequences of that to which she gives consent.
According to Wong, statutory rape, by definition, involves minor girls who cannot legally consent to sexual activity.
“This legal safeguard exists precisely because children and adolescents lack the maturity, autonomy, and understanding to fully assess the implications of such acts,” Wong stated.
“The moment a child or teenager is involved, the law presumes vulnerability, and accurately so.”
Calling it an “alarming step backwards”, she said the suggestion fails to grasp the psychological, social, and legal complexities of child grooming.
“When a minor is groomed by an adult, often through online platforms and social media, and physical acquaintanceship, they are manipulated, coaxed or even threatened into believing the relationship is consensual,” she pointed out.
“Charging minors criminally is not only counterproductive but ethically indefensible. It punishes the victim for the crime committed against them.
“Even Bukit Aman’s own Sexual, Women and Child Investigation Division acknowledges the role of online grooming in the rise of statutory rape cases. These are not relationships of equals. They are predatory dynamics masked as consensual interaction.”
Wong further stressed that the role of the police, as law enforcers, is to protect the vulnerable, not re-victimise them.
“Child grooming is a serious issue, and any proposal that shifts blame onto children shows a deep failure in understanding the core purpose of child protection laws,” she added.
“Instead of criminalising underage girls which we leave them with lifelong stigma, we must focus on comprehensive education and preventive measures.
“The solution lies in equipping children and teenagers with the knowledge and tools to recognise grooming whether it begins in person, via a simple “hi”, or through online flattery on social media.”
Wong said the Royal Malaysia Police (PDRM), in partnership with the Ministry of Women, Family and Community Development, should work closely with the Ministry of Education and religious bodies to:

Introduce compulsory education modules in schools focused on identifying grooming behaviours, asserting personal boundaries, and learning how to say “no”;Engage with teachers, school counsellors, and parents to build a supportive ecosystem where children feel safe reporting concerns; andTailor the curriculum to be culturally and religiously sensitive, while remaining grounded in the principles of child safeguarding and empowerment.According to Wong, collaboration with the Malaysian Communications and Multimedia Commission (MCMC) and the Ministry of Communications is vital, and together they should produce and distribute public service infographic and videos on spotting signs of grooming, both online and offline.
“They should also launch awareness campaigns across social media platforms popular among youth and ensure that platforms take proactive steps to report and prevent grooming content,” she continued.
“Equating gender equality with criminalising victims of statutory rape is a grave misuse of the principle. True gender equality means protecting all children, especially girls who are far too often targeted, silenced, and blamed.
“It must be emphasised that child protection laws exist for a reason. They are not obstacles to enforcement. They are the very foundation of justice for the most vulnerable members of society.” ‒  Focus Malaysia

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