SHAH ALAM - Calls to punish complainants and victims of underage sex, even in cases where consent is argued, risk compounding the harm children already endure.
A child rights activist stressed that such approaches not only undermine legal protections but also reinforce trauma, silence victims and deepen social stigma.
Former Bar Council Child Rights Chairperson Kokila Vaani Vadiveloo warned of the long-lasting harm such punitive measures inflict.
“Children who are blamed or punished for abuse often suffer severe psychological and social impacts. They may experience trauma-related mental health issues such as depression, anxiety, post-traumatic stress disorder (PTSD) and intense feelings of shame, guilt and self-blame.
“Stigmatisation from family, peers, schools and religious communities can lead to social isolation. This environment may silence victims, preventing them from disclosing abuse and internalising the blame.
“This increases their risk of further exploitation and unhealthy relationships,” she said in an interview with Sinar Daily.
Kokila, who is also a lawyer, said such experiences create lasting ripple effects on education, self-worth, and overall wellbeing. She explained that they often disrupt learning and personal development, erode self-confidence and influence future relationships.
Kokila called for comprehensive reforms to protect and support survivors instead of criminalising them.
“Providing better support involves making accessible, child-friendly mental health services available with trauma-informed counsellors and psychologists specialising in child abuse. Safe, confidential and non-judgmental reporting channels must be established to encourage disclosure.
“Social reintegration through family counselling, peer support groups and school assistance is also crucial. Legally, victims must be protected from unfair criminalisation and their rights safeguarded throughout judicial processes.
“Public education and stigma reduction campaigns led by religious leaders, schools and the media are essential to foster understanding and prevent victim-blaming,” she added.
On Sept 22, the Federal Territories Mufti, Ahmad Fauwaz Fadzil, supported Kelantan Police Chief Datuk Mohd Yusoff Mamat’s proposal to prosecute complainants or victims if consensual underage sex was proven.
He said that current laws unfairly burden men while exempting women.
“Although the law defines sexual intercourse with an individual under 16 years old as rape, regardless of consent, it raises questions of fairness and the effectiveness of the law because women who also consent are not subjected to punishment,” he said.
His remarks followed Yusoff’s statement that nearly 90 per cent of underage rape cases in Kelantan involved mutual consent. Fauwaz added that from an Islamic perspective, women should also be held accountable if proven guilty of zina (illicit sex).
In response, Women, Family and Community Development Minister Datuk Seri Nancy Shukri reiterated that minors involved in consensual sex need protection, not punishment.
“These children must be given the opportunity and space to learn from mistakes, recover and rebuild their lives without being burdened by long-term stigma or trauma,” she said, stressing the importance of counselling, education and support.
The issue has polarised public opinion online. Many Malaysians rejected the idea of punishing underage girls, stressing that children lack maturity and require protection.
Others, however, questioned whether the law is fair, pointing to cases where boys faced institutionalisation at Henry Gurney Schools while girls were shielded under welfare protection.
One case in Kelantan earlier on Sept 4, highlighted the issue: an 11-year-old boy and his 15-year-old cousin engaged in sexual activity that resulted in pregnancy.
The boy was held by the police for questioning while the girl was placed under the Social Welfare Department’s (JKM) care.
Critics argued that the boy may have been groomed, yet the law still categorised him as the offender.
This controversy spotlighted a deeper divide in Malaysian society: should the law remain focused on shielding girls as victims or should reforms introduce balanced accountability when both parties are minors?
Experts argued that the answer lies not in punishment, but in frameworks that protect children from exploitation while addressing adolescent relationships through education, guidance and rehabilitation.