
The proposal was raised during discussions on proposed amendments to the Sexual Offences Against Children Act and the Evidence of Child Witness Act chaired by the minister for law and institutional reform, Azalina Othman Said.
Under the Penal Code, the age of consent is 16, meaning an individual has committed rape with a girl aged 15 or lower even if consent is given.
Under the Sexual Offences Against Children Act 2017, a child is defined as one below the age of 18.
A statement from the minister’s office said the meeting was aimed at obtaining suggestions and feedback regarding the proposed amendments, Bernama reported.
Also discussed were the challenges faced during the investigation, prosecution, trial and post-trial processes for criminal cases involving child victims and witnesses.
Other issues were the provisions of the new law to curb online sexual exploitation of children, the compensation payment by the accused to the victim, rehabilitation assistance for child victims and witnesses, as well as empowerment of the existing legal companion service.
Also discussed were the acceptance of child witness testimony by the court without corroborative evidence, the existence of elements of strict liability in laws related to child sexual offences in certain circumstances and the authorisation of authorities to extract evidence from digital and communication tools.
The statement said the government is committed to the establishment of an independent Children’s Commission to monitor and safeguard children’s rights in Malaysia.
However, the establishment of the commission required obtaining views and drafting a new law.
“As a short-term solution, the government intends to create an office of the Children’s Commission under Suhakam (the human rights commission),” it added.