‘Charging underage rape victims is a step backward’


PETALING JAYA: Charging underage girls involved in “­consensual rape” is counterproductive, a step backwards and ­ethically indefensible, says Wanita MCA chief Datuk Wong You Fong (pic).

Ketua Wanita MCA Datuk Wong You Fong.
Ketua Wanita MCA Datuk Wong You Fong.

“To suggest that underage girls be charged alongside adult male perpetrators is an alarming step backwards.

“It fails to grasp the psychological, social and legal complexities of child grooming,” she said in a statement yesterday.

Wong was commenting on the recent proposal by Kelantan police chief Datuk Mohd Yusoff Mamat who suggested that underage girls involved in consensual ­statutory rape cases should be charged.

“The proposal is deeply troubling, and also reflects a serious miscomprehension of gender equality and existing laws, including the Penal Code, Sexual Offences Against Children Act and other related legislations,” Wong said.

“Statutory rape, by definition, involves minor girls who cannot legally consent to sexual activity.

“This legal safeguard exists ­precisely because children and adolescents lack the maturity, autonomy and understanding to fully assess the implications of such acts.

“The moment a child or ­teenager is involved, the law ­presumes vulnerability, and accurately so,” she added.

Wong said the police, as law enforcers, should ­protect the vulnerable and not revictimise them.

She said when a minor is groomed by an adult – often through social media and ­physical acquaintanceship – the person is manipulated, coaxed or even threatened into believing the relationship is consensual.

“These are not relationships of equals. They are predatory dynamics masked as consensual interaction,” she added.

Wong said child protection laws exist for a reason and should not be deemed as obstacles to ­enforcement.

“Child grooming is a serious issue, and any proposal that shifts blame onto children shows a deep failure in understanding the core purpose of child protection laws.

“Instead of criminalising ­underage girls, which leaves them with lifelong stigma, we must focus on comprehensive ­education and preventive measures,” Wong added.

She also said the police should collaborate with other agencies or ministries to fight child grooming.

She said compulsory education modules should be introduced in schools that focus on identifying grooming behaviours, asserting personal boundaries and learning how to say “no”.

“Engage with teachers, school counsellors and parents to build a supportive ecosystem where ­children feel safe reporting their concerns.

“Tailor the curriculum to be ­culturally and religiously ­sensitive, while remaining grounded in the principles of child safeguarding and empowerment,” she said.

Wong added that the Malaysian Communications and Multimedia Commission, and the Communications Ministry ­produce and distribute public ­service infographics and videos on spotting signs of grooming, both online and offline.

“Awareness campaigns across social media platforms can also be launched, while also ensuring these platforms take proactive steps to report and prevent grooming content,” she said.

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