Lawyer pans police move on girls in statutory rape cases to religious authorities

Referring under-aged girls involved in statutory rape cases to religious authorities is legally absurd, constitutionally indefensible and morally bankrupt, said human rights lawyer Rajesh Nagarajan.

“The suggestion by senior police officers that girls under 16 involved in statutory rape cases should be referred to religious authorities is legally absurd, constitutionally indefensible, and morally bankrupt.

“A child below 16 cannot consent to sex under Malaysian law. Full stop. To describe such cases as “consensual” is not only wrong — it actively relabels victims as offenders and shields perpetrators from accountability.

“This is a fundamental abuse of police power,” he said in a statement in reaction to Kelantan police chief Yusoff Mamat who said girls aged 16 and below caught for consensual sex will be referred to the Kelantan Islamic Department (Jaheaik) for further action under the syariah courts.

He reminded the police that statutory rape is a crime, not morality lapse.

“Statutory rape is a serious criminal offence under federal law. It is not a moral lapse, not a religious transgression, and certainly not a matter for religious enforcement bodies. When police divert child victims into religious departments, they are abandoning their legal duty and re-victimising children through state action.”

Rajesh also stressed that moral policing is being used for targeting vulnerable girls.

“This is not about religion. It is about law, power, and the systematic targeting of vulnerable girls. Moral policing has no place in criminal justice, and constitutional obligations cannot be overridden by local sensibilities or political convenience.

“Children who are sexually exploited are victims — not criminals, not moral offenders, and not subjects for religious punishment.”

Rajesh also called out on the government’s pin drop silence regarding the issue.

“Even more disturbing is the government’s failure to immediately correct or censure this narrative. Silence in the face of such statements amounts to endorsement.

“A government that allows its enforcement agencies to punish children for crimes committed against them has forfeited any claim to protecting child welfare.”