Question: 'Hi, I am (name deleted). I saw your blog in the internet and found out that you might be suitable in helping me in this problem. I had sex with my girlfriend when she was 16 years and 8 months old. Is it illegal. I was 17 at that time. We are only 4 months apart. This issue has been affecting our relationship a lot. Some websites say it's 18 while some 16 or 17. So, can you please help me? Thank you very much.'
Answer: First of all, I do not condone sex outside wedlock. It is still immoral no matter what our law may allow especially when you and your girlfriend are 'very' young to understand 'post-pleasure-consequences'. However, to answer your question; under Malaysian Penal Code, section 375 'a man is said to commit 'rape' who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions:-
- Against her will
- Without her consent
- With her consent, when her consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception
- With or without her consent, when she is under sixteen years of age
Punishment of rape: as provided under section 376, punishable with imprisonment for a term of not less than 5 years and not more than twenty years, and shall also be liable to whipping.
So, my friend you not fall under any of the above category if she had consented to the sexual intercourse at that material time as she was 16 years and 8 months old, capable of giving a valid consent.