The Penang Women’s Development Corporation (PWDC) stands in solidarity with the position taken by Women, Family and Community Development Minister, YB Rohani Abdul Karim, as well as with women’s groups across the country in condemning the recent dropping of statutory rape charges by the Kuching High Court against 22-year-old Ahmad Syukri Yusuf, accused of statutory rape of his 14-year-old victim, on the grounds that he had married her.

It is our view that marriage is no excuse for statutory rape.

Section 375(g) of the Penal Code clearly states that it is an offence for a man to have sexual intercourse with a girl below the age of 16 years. This provision criminalises the abuse of young girls who are deemed not to be mature enough to consent to sexual intercourse.

However, Section 375 also provides that it is an exception to rape where the woman or girl is married to the man. Regardless of whether or not she is married to the man, as long as a woman does not consent to sexual intercourse, the act should be considered rape. This objection to the exception of ‘marital rape’ under Section 375 has long been taken up by women’s groups across the country as well, and is not without contention.

The offence becomes even more serious when it involves young girls below 16, and we need to seriously revisit the legality and morality of child marriages (where a child is defined under international laws, norms and standards as one below 18 years of age).

Even though such marriages may be permissible under certain local jurisdictions, the United Nations International Convention of the Rights of the Child (CRC), ratified by the Malaysian government, recognises that “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection”.

To add, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), also ratified by Malaysia, gives further effect to the rights and special status of girl children by prescribing under Article 16(2) that “the betrothal and the marriage of a child shall have no legal effect”.

“All these legal safeguards clearly recognise that the consequences of girl child marriage are extremely serious. Research has established that early marriage has particularly devastating effects on the lives of girl children in all aspects – physical, emotional, and socio-economic, not least of all the denial of their childhood and adolescence” said YB Chong Eng, Penang state exco member for Women, Family and Community Development, as well as chairperson of PWDC.

Marriage should not be an excuse to legalise the sexual violation of women, regardless of their age, and especially so in the case of vulnerable girl children.

“We urge lawmakers, the courts, enforcers and all those in authority, to fully recognise, respect and protect the rights of women and in particular girl children” she further added.

Malaysia’s daughters and sons - our future generations - deserve better.

The PENANG WOMEN’S DEVELOPMENT CORPORATION (PWDC) was established in November 2011, with funding from the state. PWDC works towards the transformation of Penang into an advanced and progressive society through the promotion of equality among all women and men, girls and boys, regardless of ethnicity, religion, gender or socioeconomic background. For more information, please log on to pwdc.org.my