Review statutory rape laws for consensual underage relationships, says FT Mufti

SHAH ALAM – The government has been urged to review laws governing statutory rape offences involving consensual relationships, as such cases have emerged as a serious and increasingly alarming social issue in Malaysia.

Federal Territories Mufti Datuk Dr Ahmad Fauwaz Fadzil said current laws, which classify sexual intercourse with individuals under the age of 16 as rape regardless of consent, raised concerns over justice and legal effectiveness because the consenting female party was not punished.

"Therefore, it calls for a review of laws related to consensual underage rape offences as part of the agenda of islah (reform) and legal reform in the country.

"More proportionate punishments must be imposed on all parties involved and exemption from any punishment will not solve the problem, but instead open the door to other criminal acts in the future.

"The application of the principle of justice in Islamic legislation must form the foundation of this reform.

"This is to ensure that national laws are not only effective in punishing, but also in preventing and educating society from engaging in crimes that clearly contradict religious and social norms," he said.

In a statement, Fauwaz said the proposed move would mark a significant step in legal reform that prioritises justice and effectiveness while integrating both civil and syariah legal perspectives.

He also suggested that the current age limit defining a child as up to 16 years old could be reviewed and amended to a lower age, such as 12.

"This is due to social changes and the appropriateness of those aged 12 being held accountable for offences committed, particularly in cases of consensual illicit sexual relations, without elements of crime or persuasion by the male party," he said.

Citing official data, Fauwaz said sexual crimes against children increased from 2,541 cases in 2020 to 3,892 cases in 2024, representing a rise of 53.2 per cent.

He added that the number of victims also grew from 2,561 to 3,988 individuals during the same period, an increase of 55.7 per cent.

"This increase is extremely worrying, especially when it involves consensual relationships between underage teenagers, which often begin with grooming through social media and other factors," he said.