The Malaysian Paediatric Association (MPA) expresses our deep concern and strong objection to a recent statement proposing that underage girls involved in so-called “consensual rape” cases should also be charged.
This proposal is absurd, backward, and deeply unjust, and reflects a poor understanding of the law and the realities faced by children. Under the Penal Code, girls under the age of 16 are legally defined as minors and cannot give valid consent to sexual intercourse.
Therefore, any sexual act with them constitutes statutory rape, regardless of the circumstances. To even suggest that these children be prosecuted is a clear contradiction of existing law and principles of child protection.
MPA wishes to stress that many of these young girls are victims of grooming, manipulation, and exploitation by older males. They are often lured into unequal relationships through flattery, deception, and false promises.
Charging these children would not only add trauma to their lives but also punish the very victims who need protection.
It is wholly unfair and unacceptable to shift the blame onto minors, when the responsibility lies squarely with the perpetrators—adult men who exploit their vulnerability.
Such a proposal is regressive, patriarchal, and undermines years of progress in safeguarding children’s rights in Malaysia.
We acknowledge there is an increasing number of cases involving minors in such incidents. But charging the victims will never solve the problem—they are children, and they must be treated as such. Instead of criminalising children, we must strengthen preventive strategies:
- Educating teenagers about safe relationships and their rights.
- Training law enforcement officers to recognise grooming and exploitation.
- Ensuring comprehensive support medical services, psychological, and legal advice for victims of sexual abuse.
- Imposing stricter punishment on perpetrators who exploit minors.
- Educating the public on grooming and child protection.
- Raising awareness among medical professionals to detect and report suspected cases early to the authorities.
The MPA urges all stakeholders, especially law enforcement, to align with the Child Act 2001 and Malaysia’s commitments under the UN Convention on the Rights of the Child (CRC). Our children must be protected, not punished.
We call for a more enlightened, child-centred approach that recognises underage girls as victims of exploitation and reaffirms society’s duty to shield them from harm.
This statement was issued by Malaysian Paediatric Association (MPA) president Assoc Prof Dr Mohamad Ikram Ilias.
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