Dear Kelantan, Child Victims Need Protection, Not Prosecution

Dear Kelantan, Child Victims Need Protection, Not Prosecution


27 Sep 2025 • 1:00 PM MYT



Fa Abdul
FA ABDUL is a former columnist of Malaysiakini & Free Malaysia Today (FMT)

Photo by Herlambang Tinasih Gusti on Unsplash


Ah, Kelantan. Always ready with bold suggestions that make headlines. This time, it’s the call to review statutory rape laws so that in “consensual” cases, not just the boy but also the girl can be punished.


On paper, it sounds like justice. After all, if two people willingly do something, why should only one face the music? Fairness, accountability, equal treatment - words we all like.


But here’s the catch: we’re not talking about two working adults sneaking off after happy hour. We’re talking about minors. Children. And statutory rape laws exist precisely because children cannot legally or meaningfully consent. They don’t yet have the emotional maturity or psychological grounding to make those decisions. That’s why the law draws a bright red line - because kids need protection, not punishment.


To suggest punishing, say, a 15-year-old girl for “consenting” to sex is to erase the very purpose of the law. It’s like installing a smoke detector that scolds you for breathing when the house is on fire. Protection shouldn’t become prosecution.


And here’s what really boggles the mind: why would the state police - whose very role is to protect the vulnerable - be the ones proposing to punish them? And how could the state government - whose responsibility is to safeguard the welfare of its people, especially children - so eagerly nod along? It’s like watching the fire brigade suggest that maybe victims should be fined for not owning a bigger bucket.


Now, I understand the frustration. There are messy grey areas. What about cases where both parties are young, close in age, maybe a 15-year-old and an 17-year-old? Should the older teen carry the label of “rapist” for life while the younger is treated as if nothing happened? That hardly feels like justice either.



And here’s where nuance matters. Laws can already be applied with discretion. Under the Child Act 2001, boys under 18 who commit statutory rape through consensual sex with a fellow minor are not punished like hardened adult criminals. They are sent to juvenile courts and may be placed in approved institutions like Henry Gurney Schools for rehabilitation. The logic is clear: they are still held accountable, but given a second chance through counselling, education, and reform.


Meanwhile, the girl is never punished - because the law recognises she cannot legally consent. As Suhakam’s children’s commissioner explained in a recent article: Girls under 16 are not physically, mentally or emotionally mature enough to give their consent, and can be easily manipulated, persuaded or exploited. Punishing them would add trauma on top of trauma. That’s why the law shields them: to prevent exploitation and to stop society from blaming victims.


Because make no mistake, predatory abuse is happening. Just look at recent cases in Kelantan: An 18-year-old was charged with raping a 15-year-old girl in a school storeroom. Harsh, but still a grey area because both were young.

A 51-year-old teacher, on the other hand, was charged with four sexual offences against his 11-year-old male pupil. That’s not a grey area, that’s abuse with a capital A.

Two soldiers stood trial for raping a 10-year-old girl in Bachok. Again - no question of consent here.

A 23-year-old man allegedly raped a 15-year-old at a flood relief centre. Where exactly do we find “fairness” in punishing the child in this scenario?

In all these cases, the law already provides heavy penalties: up to 20 years imprisonment and whipping under Section 376 of the Penal Code, and up to 30 years in aggravated cases. That’s serious enough to deter adults who prey on children.


So, let’s not pretend our problem is that the law is “too lenient on girls.” Our problem is that society often fails to protect children in the first place. The solution is not to haul young girls into court for being victims of their own immaturity. It’s to distinguish carefully between close-in-age relationships and outright predation.


Yes, we should be concerned about rising cases of underage sex. But punishing minors into silence isn’t the answer. Education is. Honest conversations at home and in schools are. Stronger enforcement against adults who abuse their authority is.


Fairness, in this context, doesn’t mean punishing everyone equally. It means recognising who has power, who has protection, and who has responsibility. And if we get that wrong, we risk turning the very children we’re supposed to safeguard into criminals.


Because at the end of the day, the law isn’t meant to teach kids a lesson with a prison cell. It’s meant to protect them until they’re old enough to learn life’s lessons safely. And on that, there should be no compromise.