I must say “syabas” to Kelantan Police Chief Mohd Yusoff Mamat for sticking to his guns, a week after he made his controversial suggestion.

On Sept 29, Yusoff rejected calls to retract his suggestion for girls in statutory rape cases to be charged alongside the adult male perpetrator.

The police chief said it was unnecessary to withdraw the statement as it was his personal opinion.

Yes, Yusoff made the right call. He should be entitled to give his personal views, particularly on policing matters he has long been associated with.

I believe Yusoff knows what he is talking about, even if others think it was not his place to make such a suggestion.

Hello, he is the Chief Police Officer of Kelantan and he must have earned his “pips” by being a diligent and responsible leader in blue.

I reckon it takes some 30 years of hard work and sacrifice for a police officer to be promoted state CPO.

As a media person, I feel I have to say this in defense of the police officer. It does not matter whether he is right or wrong as we can always disagree with him.

However, we must respect the right of senior police officers, and indeed all senior civil servants, to give their personal views on professional matters they feel strongly about.

Freedom of speech is the heartbeat of any vibrant democracy, and Malaysia must continue to safeguard this right as a pillar of national progress.

Citizens, including senior civil servants, must be allowed to exercise this freedom responsibly—ensuring that speech does not cross the line into hatred, provocation, or division that could harm the nation’s peace and unity.

Just as journalists uphold freedom of the press, upholding freedom of speech for the citizenry means that Malaysia can uphold both democratic values and social harmony, enabling its people to speak their minds while keeping the nation cohesive and strong.

What did the Kelantan police chief actually propose?

Yusoff has suggested that in cases of statutory rape (i.e. sex with minors, underage), when both parties willingly consent, the female (minor) involved should also face legal accountability, not just the male partner.

He said that in Kelantan, nearly 90 percent of reported statutory rape cases are found to be consensual.

Yusoff further proposed that the law be reviewed with relevant stakeholders (Attorney General’s Chambers, Islamic religious affairs, education etc.) to see how legal changes or reforms could be made.

I have noted the statements from those who had disagreed with the Kelantan police chief.

Home Minister Saifuddin Nasution Ismail said the statement from the police chief is his personal view, and not an official change in policy.

Wanita MCA chief Wong You Fong called the idea of charging underage girls “a step backward,” warning of stigma, and stressed that the law’s purpose is child protection.

Lim Guan Eng has strongly criticized the proposal, saying it is “ethically wrong,” urging the police chief to retract it.

In this instance, I disagree with Lim asking Yusoff to retract his suggestion. Why the need to retract it as it was only a suggestion?

We should respect the right of our senior civil servants to give their opinions openly in a professional manner.

I find the reaction from Nancy Shukri, Minister of Women, Family and Community Development, most comprehensive and more acceptable when she emphasized that children involved in underage sexual relations deserve protection, guidance and rehabilitation, not punishment.

She stated that every child “deserves the opportunity and space to learn from their mistakes, recover, and rebuild” rather than being criminalized.

According to reports, she viewed the Kelantan police chief’s proposal skeptically and stressed the existing legal and child-welfare framework should focus on safeguarding, not penalizing minors.

The ministry also noted that existing laws and programs already emphasize intervention, protection and rehabilitation for children in statutory rape cases.

Not surprisingly, the PAS-ruled Kelantan state government has expressed support for reviewing laws so that both partners are held accountable, not just males.

Deputy Menteri Besar Dr Mohamed Fadzli Hassan was reported to have called the current situation unfair.

Kelantan mufti Mohamad Shukri Mohamed has said the proposal needs careful review, especially in balancing civil law, syariah law, and ensuring fairness.

If we look at Nancy Shukri’s protective stance versus Kelantan/PAS support, it reveals a tension in policymaking. Any legal amendment will need to navigate federal ministries, Parliament, AG’s Chambers, child protection agencies and constitutional rights.

I think that given the divided stances, the proposal faces uphill battles in passage. It would require changes to criminal codes or child laws, which are sensitive.

Even if a change is pursued, PAS might push for “softer” forms of accountability (warnings, counseling) rather than harsh penalties, to balance moral discipline with social acceptance.

If policy moves in this direction in one state, it could set a precedent for other states or federal consideration, potentially shifting national norms.

It is quite clear that Yusoff’s proposal seems to mix two things: legal responsibility and moral/educational responsibility.

Perhaps what could be considered is not harsh criminal punishment for minors, but some form of remedy (education, counselling, parental involvement) rather than charging them like adult offenders.

There’s a risk that attempts to punish minors reduce trust in the system, reduce reporting, and harm vulnerable youths.

This is why I can agree that Yusoff’s proposal will likely face a uphill battle. Nonetheless, let us all respect the right of our senior civil servants, particularly very senior police officers like the commissioners/directors at Bukit Aman and state CPOs to give their opinions openly in a professional manner.

I trust that they mean well when they voice their opinions and views publicly.

(Francis Paul Siah is a veteran Sarawak editor and currently heads the Movement for Change, Sarawak (MoCS). He can be reached at [email protected].)