Johor's MP says underage girls shouldn't be charged, “even if she agrees” to have sex
Tebrau MP Encik Jimmy Puah (top picture) said yesterday, the Kelantan police chief has grossly misunderstood the law in suggesting that underage girls involved in cases of statutory rape should also be charged.
He added, the Penal Code is clear that only adult men can be charged with statutory rape, not girls under the age of 16, “even if she agrees”.
In a statement yesterday evening, he highlighted that children are not legally able to give consent. “The law is based on the fact that they are not mature enough mentally, emotionally or socially to make such decisions,” he said.
His comments came after Kelantan police chief Datuk Mohd Yusoff Mamat (picture, below) was reported to have said that authorities should consider charging underage girls in such cases in order to prevent more cases of consensual underage sex.
Puah said the law was written to protect children, not punish them. “It exists to stop adults from exploiting them through power, age or emotional manipulation,” he said.
Punishing girls in such cases would be a legal and humanitarian failure. “It sends the message that if the victim doesn’t resist, or is tricked by sweet words, then she is also guilty. This adds stigma, scares victims from coming forward and shuts the door to justice,” he said.
He said the Penal Code also defines rape as a man having sex with a woman against her will, meaning girls cannot be convicted of rape under existing law. “The responsibility lies with the adult man who has the capacity to exploit, not with the underage girl, who should be protected,” he said.
Puah said Yusoff’s remarks revealed a lack of understanding of gender, age and power dynamics. “A police officer’s duty is to protect the weak, not turn them into criminals. If this is not corrected, the justice system becomes a source of fear, not protection,” FMT quoted him as saying.
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