Penang Chief Minister Lim Guan Eng says state executive council has agreed to table a motion against Tasek Gelugor MP Datuk Shabudin Yahaya. Pic by Picture by KE Ooi for the MMO.
GEORGE TOWN, April 20 ― The Penang state executive council has decided to table a motion against Tasek Gelugor MP Datuk Shabudin Yahaya over his remarks on rape victims and child marriage.
Penang Chief Minister Lim Guan Eng stressed that the motion is against the Umno MP and his remarks that nine-year-old girls are physically and spiritually ready for marriage and his proposed solution that rape victims marry their rapists.
“We want to take this as a point of principle to defend and uphold women’s rights and dignity, this is what we will do,” he told a press conference at the Penang Digital Library this morning.
Lim pointed out that in all his statements and criticisms against what Shabudin said in Parliament on April 5 was directed at the MP individually, and not at Islam or Islamic family law.
“Let me make it clear. My remarks are all against Shabudin, don’t let him twist it to an Islamic family law issue, this is a very dishonest, desperate and disreputable attempt to save himself,” he said. Read more →
Children are actually allowed to marry under existing Malaysian laws. The legal age to marry also depends on whether you are Muslim or non-Muslim. — Reuters pic.
KUALA LUMPUR, April 14 — For better or worse, Tasek Gelugor MP Datuk Shabudin Yahaya’s recent remarks in Parliament has cast a spotlight on child marriages in Malaysia.
With the country aiming for first world nationhood, should marriages of minors be allowed to continue? There have been arguments for and against this practice, with child development advocates heavily in favour of ending it.
To help you understand this issue better, Malay Mail Online has compiled a list of the facts and figures that you should know:
1. What does the law say?
Malaysians are only considered an adult by law when they turn 18, but the legal age applicable on matters like when they can have sex and get married is a different thing altogether.
The age of consent for sexual intercourse in Malaysia is 16, which makes sex with any woman below age 16 a crime, regardless whether they consented to it or not, and punishable by law. However, marital rape is not a crime in Malaysia. Read more →
The goal is to protect girls who are not mature enough to make complicated decisions with far-reaching consequences.
Dr. Azmi Sharom is a law teacher in Universiti Malaya.
DATUK Shabudin Yahaya has really caused a furore with his statements in Parliament about statutory rape.
Having read transcripts of his speech in Parliament, I came to see that some of the comments made about him are unfair. He does not condone rape, for example. But be that as it may, I have some issues about what was said.
Firstly, there seems to be confusion about the meaning of statutory rape. Statutory rape means that any sex with a girl under the age of 16 is rape.
Her consent is beside the point. I found it disturbing that in his speech there appeared to be a distinction made between rape (rogol) and consensual, albeit illicit, sex (zina).
This is missing the point totally about the law regarding statutory rape, because the whole concept of the law is that children do not have the ability to give their consent, by virtue of the fact that they are too young.
So, sex with an underage girl is rape; no matter what the circumstances. Read more →
KUALA LUMPUR, April 5 ― Datuk Shabudin Yahya today clarified that he was referring to consensual sex involving minors with his controversial suggestion for rapists to marry their victims.
The Tasik Gelugor MP denied he was referring to violent rape while debating the Child Sexual Offences Bill 2017 yesterday, following uproar over his suggestion.
He insisted that such crimes should be dealt with according to existing laws such as the Penal Code, and rejected reports that he was condoning such rapes.
“But in society’s reality, there are many cases of rape that are classified by law as ‘statutory rape’ but based on common consent.
“To resolve such problems, families often cover up the shame, do not make police reports and eventually make the decision to marry them,” he said in a statement on the Barisan Nasional Backbenchers site. Read more →
Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said says statutory rape laws clearly prohibit sexual relations with minors. ― Picture by Choo Choy May for the MMO.
KUALA LUMPUR, April 5 — Marriage will not allow rapists to escape punishment for their crime, Datuk Seri Azalina Othman Said said today.
Responding to the controversy surrounding an Umno lawmaker’s suggestion that rapists be permitted to marry their child victims, the minister in the Prime Minister’s Department also said statutory rape laws clearly prohibit sexual relations with minors.
Commenting on public questions about whether such marriages could allow the rapists to avoid prosecution, she said this was not true.
“Offenders will not escape punishment if they have sexual relations with those below the age of 16 and may be charged under Section 376 (2) of the Penal Code,” she wrote on Facebook today. Read more →
Women’s rights groups are outraged bythe reported suggestion that rapists be allowed to marry their child victims. — Pic from Reuters.
KUALA LUMPUR, April 5 — Letting a rapist marry his child victim would effectively allow the child to be raped throughout marriage and force her to relive the horrors repeatedly, said a women’s rights group.
Women’s Aid Organisation (WAO) executive director Sumitra Visvanathan called the Tasek Gelugor MP’s reported suggestion that rapists be allowed to marry their child victims “deplorable”, saying one of the worst abuses a child could endure is rape.
“Forcing a raped child to marry her rapist is an atrocious violation. She will spend the rest of her life being re-traumatised and denied all rights as a child.
“It will mean Malaysia allows the predator paedophile to not just evade punishment for this heinous crime, but to continue raping the child throughout the marriage,” she told Malay Mail Online when contacted.
“Our children should be safe and protected from harm. Not handed to predators on a silver platter that permits statutory rape,” she added.
She called for the federal government to pass a clearly-worded law to ban child marriages in Malaysia. Read more →
Society should not underplay the enormity of the crime of statutory rape by allowing or encouraging marriage to the perpetrator, says Joint Action Group for Gender Equality.
Image taken from FMT News
PETALING JAYA: To say it is in the best interests of an underage girl who is pregnant out of wedlock to marry the person who impregnated her is to disregard the law on statutory rape, says Joint Action Group for Gender Equality (JAG).
Statutory rape in the Penal Code in Malaysia is defined as sexual activity with a girl under the age of 16 as she is unable to understand the nature and consequence of giving consent.
JAG said society should not underplay the enormity of the crime of statutory rape by allowing or encouraging marriage to the perpetrator.
“This is a grave abuse of the law, which was put in place to protect children,” it said in a statement today.
JAG was responding to shariah lawyer Faiz Fadzil, who had in a recent article said it would be best for a minor who had become pregnant as a result of illicit sex to marry, as long as she and the person who impregnated her were agreeable to marriage.
JAG protested that the statement was damaging as it misrepresented the term “consent”, disregarded the law on statutory rape and dismissed the reality of the power imbalance that existed in cases of underage marriage. Read more →
A girl wearing a hijab waits at the Shah Alam stadium during celebrations of Maulidur Rasul, or the birth of Prophet Muhammad, outside Kuala Lumpur, January 14, 2014. REUTERS/Samsul Said
JAKARTA, Aug 3 (Thomson Reuters Foundation) – A Malaysian man charged with raping a 14-year-old girl has avoided prison after he married her in a case that has sparked anger from rights groups and calls for a ban on child marriage and justice for victims of sexual violence.
Ahmad Syukri Yusuf, 22, was charged with statutory rape of the girl late last year and faced up to 30 years in jail and whipping for the offence, but he later married the teenager under Islamic law, according to prosecutor Ahmad Fariz Abdul Hamid.
The prosecutor said a court in Kuching, in Malaysia’s eastern state of Sarawak ruled there was no need to proceed with the case after Ahmad Syukri submitted a marriage certificate and the girl withdrew the complaint.
Delivered last week, the court ruling prompted fury from women’s rights groups.
“It is very common for rapists to marry their survivors, especially when they are underage, to cover up their crime,” Kuala Lumpur-based Women’s Aid Organisation spokeswoman Tan Heang Lee told Thomson Reuters Foundation.
“There is usually a high risk in this kind of cases that these girls will be subject to a lifetime of sexual abuse. Her marriage is basically an extension to rape,” she added. Read more →