The Federation of Reproductive Health Associations, Malaysia (FRHAM), together with concerned stakeholders, is deeply alarmed by recent comments suggesting that underage girls in so-called “consensual” statutory rape cases should be criminalised. Such proposals fundamentally contradict the purpose of child protection laws, risk retraumatising survivors, and shift blame away from perpetrators.
Children and adolescents below the age of consent cannot, by law, give fully informed consent to sexual activity. Many young people who appear to “agree” may have been groomed, coerced, or manipulated. Punishing them undermines justice, deters them from seeking help, and exposes them to further stigma and harm.
Instead of criminalisation, Malaysia must invest in comprehensive solutions that protect and empower young people. Comprehensive Sexuality Education (CSE) in schools is urgently needed to equip young people with the knowledge and skills to understand consent, build healthy relationships, and recognise the risks of grooming and abuse. At the same time, adolescent-friendly sexual and reproductive health and rights (SRHR) services must be strengthened so that young people can access accurate information, counselling, and care in safe and confidential spaces without fear of being punished.
It is also essential that statutory rape laws are applied in a way that recognises the realities of adolescent relationships. Legal safeguards such as the “Sweetheart Defence,” which takes into account situations where adolescents of similar age engage in consensual relationships, must be considered. This ensures that the law does not unjustly prosecute young people who are close in age, while still holding adults, exploiters, and groomers fully accountable.
As the national NGO committed to advancing sexual and reproductive health and rights, FRHAM urges policymakers, law enforcement, and the public to adopt a rights based, protective approach that upholds the dignity and wellbeing of every child and adolescent. Charging minors in these cases would be a dangerous step backwards for Malaysia’s child protection and human rights commitments. Young people deserve protection, education, and support, not punishment.
DR ANNUAR HUSAINY HUSSEIN
ACTING CHAIRPERSON
FRHAM
26 SEPTEMBER 2025
