Lawyer calls for ‘Romeo and Juliet’ clause for consensual teen sex

A Malaysian lawyer has called for changes to the country's statutory rape law to protect teenagers involved in genuine consensual relationships from being prosecuted as sex offenders. At a law conference, A Srimurugan suggested amending Section 375(g) of the Penal Code, which currently treats sexual intercourse with a girl under 16 as rape, regardless of consent.

Srimurugan argues that the current law fails to distinguish between exploitative acts and consensual adolescent behaviour, leading to situations where teenage boys are prosecuted for rape even when both parties are minors and the relationship is consensual. He proposes introducing a "Romeo and Juliet" or close-in-age exception to the law, which would prevent criminal prosecution for consensual sexual activity between adolescents under 18, provided the relationship is voluntary.

The exception would not apply if the male holds a position of trust, power, or authority over the younger person. Srimurugan believes that decriminalising consensual sexual activity between adolescents would not encourage teenage sex and should be accompanied by counselling and rehabilitation instead of criminal punishment. He warns that a criminal conviction for rape can have severe consequences for a teenager's life, including education, scholarships, career prospects, and social functioning.