Rapists should not escape punishment through marriage: NGOs and politicians

PETALING JAYA: The Women, Family and Community Development Ministry will intervene before any individual, charged with rape, is given the approval to marry the victim, said its minister Datuk Seri Rohani Abdul Karim.
Referring to the case of a 22-year-old man whose rape charges were dropped after he married his 14-year-old victim, she said the matter should not have happened as rape was a serious offence, and the offender should be sentenced if found guilty.
"Marriage of under-aged girls must have the permission of the family, syariah court and the chief minister or mentri besar of the state.
"As such the ministry, through the social welfare department, will intervene to prevent such marriages," she told a press conference, here.
She was referring to the case of Ahmad Syukri Yusuf, 28, who was discharged of statutory rape not amounting to an acquittal in a Kuching sessions court after presenting a marriage certificate. The victim in the case also withdrew her complaint.
He was accused of committing the offence twice in October 2015, when the girl was 14 years old.
"A rape case is still a rape case, the offender must be sentenced if he is found guilty; the case cannot be dropped by marriage," said Rohani.
Referring to the said case, women and child rights NGOs have called for a complete ban on child marriages.
Women's Aid Organisation advocacy officer Tan Heang-Lee said rapists often use the law to marry their victims and cover up their crimes.
"In effect, these laws permit and legalise statutory rape by giving predators legalised access to children. As this case shows, rapists often use these provisions to marry their under-age survivors to cover up their crimes," she told theSun.
Tan was referring to the fact that Muslim girls under 16 are allowed to be married with the permission of the syariah court, a provision which has been used numerous times by statutory rapists to escape jail.
Children under 18 are considered minors while children below 16 cannot legally consent to sex, making any act of sexual interaction by an adult statutory rape under Section 376 of the Penal Code.
Meanwhile, Promotion of Human Rights Society (Proham) executive committee member Ivy Josiah said two crimes have been committed, statutory rape and child marriage.
Josiah said it is the government's duty to enforce the law and it must have the courage to also amend syariah laws that allow child marriages.
"It is a national shame that we do not protect our children from rapists who can continue to rape within this sham of a marriage," she told theSun.
Kulai MP Teo Nie Ching suggested that statutory rape victims should not be allowed to withdraw the cases as they do not understand their rights and can be easily influenced by third parties.
Teo, who is DAP assistant national publicity secretary, said the child protector appointed under the Child Act 2001 should step in and decide for victims instead of leaving them to their own devices in cases like this.
She also said Malaysia has adopted a United States resolution to end child marriages at the Human Rights Council.
"It is time for our government to honour our pledge and save the girls," said Teo, a vocal advocate for women and child rights in Parliament.