KUALA LUMPUR: Every rape or sexual crime will be investigated under the Penal Code regardless of the offender’s age, says Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (pic).
She stressed that being underage is not an excuse to escape accountability for committing such offences.
ALSO READ: Melaka school rape case a wake-up call for stronger moral education, says Lam Thye
Azalina said all cases, including those involving school students or minors, will be investigated by the Royal Malaysia Police (PDRM).
She said that although the Education Ministry has its procedures for handling sexual misconduct, criminal sexual cases fall entirely under the jurisdiction of criminal law.
"For criminal law, it remains a criminal offence.
"The investigation and punishment will still be handled by PDRM.
ALSO READ: Four allowed to sit for SPM
"Let the police investigate so that appropriate action can be taken,” she told reporters after moderating the forum Nation Building and Future Resilience: Youth and Bullying here on Monday (Oct 13).
Azalina was commenting on Education Minister Fadhlina Sidek’s statement that the four students suspected of gang rape in Melaka, all of whom are underage, will be allowed to sit for the Sijil Pelajaran Malaysia (SPM) examination scheduled to begin on Nov 3.
Fadhlina said all legal proceedings in the case would be handled by the police, while her ministry would manage matters related to discipline, school support systems and the students’ education prospects.
ALSO READ: MCMC: Don’t disrupt sexual assault probe
Azalina, meanwhile, said if the deputy public prosecutor is satisfied with the investigation findings and there is sufficient evidence, the case will be brought to court.
"If the offender is below 18 years old, the prosecution will proceed at the Juvenile Court. However, the charge will still be under the Penal Code,” she said.
"Let’s be clear. Wrong is still wrong, and evil is still evil. (If found guilty) punishment will still be imposed, though the proceedings may take place in a different court.While restorative justice has been proposed (under the Anti Bullying Act), what happens if the bullying has elements of criminal conduct," added Azalina.
She then that the upcoming Bill will clearly spell out the definition of bullying.
“Bullying can be verbal, emotional, social and even cyber. By having this particular law that spells out the definition of bullying, we are hoping to get the ball rolling,” said Azalina.
She then said that the proposed tribunal under the coming Bill would make the reporting process faster and improve confidentiality.
This comes after Prime Minister Datuk Seri Anwar Ibrahim saying that the Anti-Bullying Bill will be tabled in the current Parliament meeting.
