Child protection groups argue that criminalising teens for consensual sexual behaviour risks long-term psychological harm, discourages help-seeking, and undermines a child-rights approach.
PETALING JAYA: Child protection groups warn that punishing minors for sexual activity can do more harm than good.
Persatuan Kebajikan Suara Kanak-Kanak Malaysia executive director Anderson Selvasegaram said children are legally incapable of giving informed consent to sexual activity.
He said minors are still developing mentally and emotionally, and need protection from the power imbalance with adults.
“However, in situations where both parties are children we must determine whether there was any exploitation or coercion involved or whether it was peer experimentation.”
Anderson said safeguarding children requires a legal framework to prevent harm, combined with a child-centred approach focused on protection, guidance, rehabilitation and support.
CRIB Foundation co-chairman Srividhya Ganapathy said criminalising minors for consensual sexual activity treats children as predators against one another.
“It is fundamentally at odds with a child-rights approach, especially in a country where over 41,000 teen pregnancies have already been recorded in just four years.
“A criminal record follows a child for life as it affects education, employment, travel and their own sense of worth. We risk turning a developmental mistake into a lifelong label.
“Contact with the criminal justice system is itself traumatic – arrest, detention, interrogation and court appearances. For a teenager, that experience can be more damaging than the original behaviour.”
Srividhya said many teens do not fully grasp legal concepts like “statutory rape”, “age of consent” or “distribution of intimate images” until someone explains these in clear, age-appropriate language.
“If the law recognises that minors cannot vote, sign contracts or live independently because of their developmental stage, it is inconsistent to treat them as fully responsible sexual offenders when adults have not given them the information, skills and safe spaces they need.”
She said criminalising minors can stop teens from seeking help or reporting abuse and blurs the line between victim and offender, allowing abusers to act with impunity.
Srividhya said CRIB welcomes the government’s commitment to prioritise guidance and safe spaces over punishment.
Child clinical psychologist Dr Noor Aishah Rosli said criminalising minors for sexual activity is harmful because it can shape negative identity, lower self-esteem and lead to shame, anxiety and depression.
She said legal action can also damage family relationships and disrupt psychosocial development, leaving teens feeling isolated and distrustful of schools, police and welfare authorities.
Noor Aishah urged teachers and parents to monitor interactions between boys and girls, including siblings, and set clear boundaries.
