It said this was provided for under Section 91 of the Child Act 2001, which allows courts to order underage perpetrators to be placed in approved institutions like Henry Gurney Schools.
It said this struck a balance between keeping young offenders accountable and rehabilitating them to give them a second chance.
“They are not punished like adult criminals, but are still held responsible and must undergo rehabilitation,” it said in a statement.
It also reiterated that the law on statutory rape states that any girl below 16 can never legally consent to sex, meaning they are always considered the victim even if an encounter seems “mutual”.
It said the rationale was that girls under 16 are not physically, mentally or emotionally mature enough to give their consent, and can be easily manipulated, persuaded or exploited by perpetrators.
“Therefore, the law ensures that girls who are victims are protected from double trauma and are not blamed or punished. Punishment in these cases applies only to the male perpetrator, whether he is an adult or a child under the age of 18.
“Statutory rape laws are not intended to punish girl victims but to protect them from exploitation and discrimination,” it added.
The Penal Code provision on rape makes it an offence to have sex with a girl under the age of 16, an act commonly known as statutory rape.
Kelantan police chief Yusoff Mamat recently suggested that underage girls who have consensual sex should also face legal action when their partners are charged with statutory rape.
He said nearly 90% of statutory rape cases reported in the state involved consent by both parties, though the existing laws lean more towards prosecuting only the men.
Kelantan mufti Shukri Mohamed said the proposal warranted careful study, and that it raised important questions of justice as well as the application of civil and shariah law.
However, Suhakam chief children’s commissioner Farah Nini Dusuki criticised the proposal, which she said should not be entertained at all.
Law and institutional reform minister Azalina Othman Said also rejected the proposal, saying the government would continue adhering to the international standard that “statutory rape is statutory rape”.