Tebrau MP: Kelantan police chief has misunderstood law on statutory rape

Tebrau MP: Kelantan police chief has misunderstood law on statutory rape

KUALA LUMPUR: Tebrau member of parliament Jimmy Puah has criticised recent remarks by Kelantan police chief Datuk Yusoff Mamat. who suggested that in cases of statutory rape, underage girls should also be considered for prosecution.

Describing the statement as “deeply irresponsible,” the MP said it reflects a serious misunderstanding of Malaysia’s sexual offence laws and undermines fundamental principles of child protection.

Puah said the Penal Code was clear that only adult men can be charged with statutory rape, not girls under the age of 16 — “even if they consent.”

“A child cannot legally give consent. The law is based on the fact that they are not mentally, emotionally or socially mature enough to make such decisions,” he said in a Facebook post last night.

He was responding to Yusoff’s statements yesterday that authorities should consider charging underage girls in such cases to prevent more incidents of consensual sex among minors.

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“The law was enacted to protect children, not punish them.

“It exists to stop any attempts by adults to exploit minors regardless through power, age or emotional manipulation.

“His remarks send the wrong message that if a victim does not resist, or is deceived by sweet words, then she is a party to the offence,” he elaborated.

He said if such a law comes into place, it will only add stigma and discourage victims from coming forward.

More crucially, Section 375 defines rape as an act committed by a male perpetrator against a female victim, meaning under current law, a girl cannot be prosecuted for rape.

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The responsibility lies with the adult male who is in a position to exploit, not the underage girl who should be protected.

The Tebrau MP concluded by urging law enforcement to uphold their duty to protect the vulnerable, especially children.

“The role of the police is to protect the vulnerable, not to turn them into offenders.

“If this is not corrected, the legal system risks becoming a source of fear rather than a means of protection for victims,” Puah said.