PDRM in Kelantan is proposing that women who engage in consensual sex with men should also be subject to legal action.
Kelantan Police Chief Datuk Mohd Yusoff Mamat said the proposal should be considered because investigations have shown that almost 90 percent of underage rape cases reported in the state were consensual and not forced.
“Currently, the existing law is more geared towards prosecuting men only, whereas investigations have found that in most cases, the acts were consensual,” he shared.
Yusoff added that when a report is made, an investigation paper must be opened, and the man will be charged under the Penal Code or the Sexual Offences Against Children Act, even if there is an admission that the act was consensual. Yusoff made this suggestion when commenting on the rising trend of rape and sexual crime cases involving teenagers in Kelantan, which has become increasingly concerning since last year.
“Why should only the men be prosecuted when the act took place consensually? We don’t want to carry out arbitrary prosecutions, but rather want to find more effective ways of prevention.”
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He believes that if the law allows for action to be taken against both parties, such cases can be curbed. The proposal will be discussed with the Attorney General’s Chambers, the Kelantan Islamic Religious Affairs Department, and related parties to refine the legal mechanism so that fairer action can be taken.
As of today, offences of sexual intercourse with minors are usually investigated under Section 376 of the Penal Code (rape) and Section 14 of the Sexual Offences Against Children Act 2017, while girls are usually protected as victims, according to Sinar Harian.
