Kedah rape case statutory; Fadhlina laments 'deepening social decay'

Police have clarified that the gang rape case in Baling, Kedah, is a statutory rape case, and not one of sexual assault.

However, the Kedah police chief stressed that while there was "consent", the victim was too young to understand the consequences.

Commenting on the case before the police's clarification, Education Minister Fadhlina Sidek today said that society is faced with "a deepening social decay".

Speaking to the media, Kedah police chief Adzli Abu Shah said the girl involved in the Baling case had intercourse with all four suspects - one of whom was her 17-year-old boyfriend - on separate occasions.

"Although the acts were carried out on a consensual basis, the victim is underage and cannot be considered mature enough to understand the consequences," he said when met at his office today.

"The case is classified as statutory rape," Adzli (above) was quoted as saying by NST.

He said the videos of the girl, which a teacher was alerted to, did not depict sexual encounters but other immoral acts.

He said there was also no indication that the videos were being sold. However, it was circulated, including by the girl herself.

Worsening social ills

Earlier, in a Facebook post, Fadhlina expressed outrage and deep concern following reports of the case - at the time reported as a gang rape - and described it as a reflection of the country’s worsening social ills.

“I share the feelings of the people - anger, sadness and disappointment over what has happened. All these incidents which happened are not coincidental. We are facing a deepening social decay in our society,” she said.

“Our main priority at this moment is to ensure that the victim receives the best possible support in facing this difficult situation. The victim’s well-being is being given our fullest attention,” Fadhlina added.

Separately, the Kedah Education Department said in a statement that all the boys - aged 15 to 17 - involved in the case would be expelled.

One of the suspects had already been expelled from the school prior to the latest incident.

Malaysia does not have a Romeo and Juliet law that covers "consensual" intercourse between minors.

Instead, all cases are treated as statutory rape.

Previously, Kelantan police chief Yusoff Mamat suggested that girls in statutory rape cases also be charged.

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