PETALING JAYA: The Child Rights Coalition Malaysia (CRCM) has criticised the sessions court in Sabah for ruling in favour of a child marriage between a 13-year-old girl and the 40-year-old man accused of raping her.
The coalition, comprising seven child-related NGOs, called the impending union a violation of the child’s rights and akin to sexual abuse and rape.
“It is unfortunate that marriage is seen as a solution for addressing the growing societal issue of rape,” CRCM stated in a press release yesterday.
“We strongly feel that the verdict may lead to more societal issues such as early marriage, teenage pregnancy, and broken families rather than preventing such issues from happening in the future.”
The accused had allegedly raped the girl inside a car parked by the roadside in Inanam, Kota Kinabalu, at 10am on Feb 18.
The sessions court was told that the girl had withdrawn her accusation against the man in a police report on April 18 and that they are in the process of getting married.
The prosecution did not object to the case being withdrawn but said that the man needed to settle the matter with the Syariah court beforehand.
The case has drawn widespread criticisms from child-related NGOs lambasting it as an escape clause for the rapist.
CRCM said that it viewed the matter with grave concern as it falls within Section 375(g) of the Penal Code, which makes sexual intercourse with an underage girl an offence of statutory rape.
“It is very unfortunate that the age of the child in this case has been overlooked in the process, though it is noted that the child has reportedly shown willingness to marry the accused,” CRCM added.
“We also would like to strongly assert our view that the child’s willingness could arise from coercion, innocence or even threat which in all ways will impede the safety and positive well-being of the child.”
CRCM pointed out rising occurrences of crimes and sexual violence against the children in Malaysia despite the country making a commitment at the international level by ratifying the UN Convention on the Rights of the Child.
It emphasised that traditional practices should never supercede the rights of the child. CRCM is now appealing to the Public Prosecutor and Syariah Court to reconsider the marriage application and the decision to withdraw the case.
“We plead that the verdict be pronounced in view of providing justice to the victim and to reduce such crimes against children in the future,” CRCM said.
“Such exercise of discretion and judicial process should exhibit zero tolerance of all crimes against children in the country.”
The Edge.
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