There for the taking
(NST) – If paedophiles knew they could get away with having sex with children just by offering to marry them once they are damaged, then, all children are in danger of these sexual predators, who would take greater risks, because legal precedent would be on their side.
The law must protect children from rape, not marry them off to rapists
AN advanced civilisation can be measured on how well it protects its children. But, based on an incident that occurred in the Kota Kinabalu Sessions Court last week, the legal system could set this country back half a century. A 40-year-old manager, who had been charged with raping a 13-year-old schoolgirl, had the charge dropped when he decided to marry the girl he had allegedly raped, and the girl accepted his offer. Subsequently, the girl withdrew her accusation against the man, leading the public prosecutor’s office to “have no objections” to dropping the charge. The man and the girl are reportedly in the process of getting married in the syariah court.
From a societal point of view, it is understandable that the girl’s parents may want to marry her off, because in the paternalistic and chauvinistic culture that is still Malaysia, great value is placed on a woman’s virtue. To have been robbed of that virtue, even if through no fault of her own, places less value on her worth. Although this idea of a girl or woman being seen as goods that are either brand new or slightly used is deplorable, it is a mindset that has yet to change. From the prosecutor’s point of view, it is very difficult to continue with the prosecution if the complainant refuses to cooperate. It might even be seen as an act of compassion to not force the girl through the trial process, especially if the girl is convinced she would have a better life without it.
It is unclear whether the alleged rape in question was on account of the girl being underage, or whether the two were a couple. In any case, the issue of consent cannot come into play, since the law says that girls under the age of 16 are incapable of giving consent or understanding the nature of what they are consenting to. Either way, the solution that has been arrived at does nothing to protect children, and girls in particular. If paedophiles knew they could get away with having sex with children just by offering to marry them once they are damaged, then, all children are in danger of these sexual predators, who would take greater risks, because legal precedent would be on their side. And if a girl fancied a sexual relationship with an older man, it doesn’t take much to legalise it. An underage Muslim girl cannot get married without the syariah court’s consent. But, if the court’s understanding of a solution involves covering the shame and reducing the chances of further sin, then, the last gatekeeper falls. When society, parents, prosecutors, judges and courts are complicit in marrying off children, what hope is there that these children’s bodies and future will be respected and protected?
