PETALING JAYA: A 12-year-old boy who allegedly sexually assaulted his nine-year-old schoolmate cannot be prosecuted under Malaysia’s current legal framework, highlighting a significant gap in the country’s child protection laws.
Kelantan police chief Datuk Mohd Yusoff Mamat confirmed that while the 12-year-old suspect has been arrested and investigated for the alleged sodomy incident, he cannot face charges in court due to Section 113 of the Evidence Act 1950.
The law stipulates that children below 13 years of age are considered incapable of committing rape based on an “irrebuttable presumption,“ effectively placing them beyond prosecution for such offenses.
According to Buletin TV3, the alleged sexual assault occurred approximately two months ago between the two boys, who attend the same primary school in Kelantan.
The victim subsequently informed his mother about the incident, prompting her to file a police report.
“The incident took place once and following that, the victim’s mother came forward to lodge a police report,“ Mohd Yusoff was quoted as saying.
The police chief expressed concern about the legal limitation, calling for amendments to address what he sees as an increasing problem involving underage perpetrators.
“Therefore, I am of the view that this section should be amended to allow for the perpetrator to be charged, as there have been many cases involving suspects who are also underage children,“ he said.
The case underscores ongoing debates about how Malaysia’s legal system should handle serious crimes committed by children, particularly as incidents involving juvenile offenders continue to emerge across the country.
