Application of statutory rape laws on male adolescents: Perspectives from police and probation officers

Abstract

Statutory rape laws are designed to protect children from engaging in sexual relationships. While the enforcement of the laws on adult perpetrators is clear in its objective, its enforcement on adolescent perpetrators has been subjected to debates due to its complex nature. In Malaysia, the police and probation officers act as first responders in statutory rape cases, giving them valuable experience that can contribute to a deeper understanding in these cases. In this qualitative study, 22 police and probation officers were interviewed regarding their perspectives on the enforcement of statutory rape laws, their emotional disposition when statutory rape laws are enforced on adolescent perpetrators, and their perspective on the characteristics of statutory rape cases involving adolescent perpetrators, compared to their adult counterparts.Thematic analysis of the responses unveiled the worldview of the respondents, where some similarities in the perspectives were observed, especially in the respondents’ view on the larger purpose of the laws in protecting young girls. However, some differences were noted, such as in how the officers viewed the enforcement of statutory rape laws based on the characteristics of their profession. For instance, the police officers tended to defer to the laws and the probation officers tended to find the ‘whole story’ of the case. The findings also demonstrated the nature of sexual relationships between two adolescents, by which girls could as well be the initiators. The findings offer insights into potential avenues for improving the enforcement of statutory rape laws, particularly on adolescent perpetrators. Drawn from the responses, enforcement of statutory rape laws on male adolescents should take into account the complexity of adolescent sexual behaviour in relation to developmental and socio-religious factors.