Should statutory rape victims who consent also be punished?

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Statutory Rape Victim Punishment Proposal Condemned

DAP veteran leader Lim Guan Eng has strongly criticised a proposal by Kelantan police chief Yusoff Mamat to amend laws to punish statutory rape victims who consent to sexual activity. Lim argued that such a measure would undermine the fundamental duty of law enforcement to protect vulnerable individuals, particularly women and children, from sexual predators. He questioned the logic of penalising the victim alongside the perpetrator and described the suggestion as lacking essential sympathy, empathy, and compassion for minors who are victims of statutory rape.
Legal Framework for Statutory Rape in Malaysia

In Malaysia, the age of consent is set at 16. Under existing law, any sexual act with an individual below this age is classified as statutory rape, irrespective of whether the minor consents to the act. This legal framework is designed to shield young individuals from sexual exploitation, acknowledging their tender age and immaturity, which preclude them from possessing the legal capacity to genuinely consent to sexual relations.
Rationale Behind the Proposal

Kelantan police chief Yusoff Mamat's proposal stems from an observation that many statutory rape cases in Kelantan involve mutual consent between teenagers. He suggested that holding consenting underage girls legally accountable, in addition to prosecuting their male partners, could serve as a deterrent against premature sexual activity among adolescents. Yusoff indicated his intention to present this idea to the Attorney General's Chambers and relevant authorities for consideration.
Critiques of Punishing Victims

Lim Guan Eng asserted that punishing victims of statutory rape who consent, despite being legally incapable of giving consent due to their age, is ethically unsound and counterproductive. He argued that such a policy would contradict the core responsibility of law enforcement to safeguard society, especially its most vulnerable members. Lim urged the Kelantan police chief to retract the proposal and issue an apology for what he deemed an insensitive stance, advocating instead for a focus on addressing the prevalence of sexual crimes.

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Should statutory rape victims who consent also be punished?

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