‘Authorities probing into child sexual grooming’
PUTRAJAYA: Authorities are looking into whether there are elements of sexual grooming in the relationship between the 41year-old rubber trader and the 11year-old girl he married.
Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail said the case was still under active investigation.
“My officers are working with other local enforcement agencies to look further into the case.
“This includes whether there are elements of sexual grooming in the relationship between the man and this girl before the supposed marriage.
“This is an offence under the Sexual Offences Against Children Act (2017),” said Dr Wan Azizah, who is women, family and community development minister.
She said the Kelantan Religious Affairs Department had no record of the marriage.
“Reports in the media and by the man’s other wife indicated that the marriage was conducted in Golok, Thailand.
“Up to today (yesterday), we have not seen any documentary evidence of the marriage conducted in Golok,” said Dr Wan Azizah after the ministry’s Hari Raya Aidilfitri celebration here yesterday.
Under Malaysian law, she said, the minimum legal age for marriage for girls was 16 years old.
Girls below 16 could only be legally married with the approval from a court or a menteri besar or chief minister, she said.
“No such approval was ever sought and none was given to this couple. As such, this marriage is not valid under Malaysian federal as well as state laws.
“In addition, Section 90(C) of the Penal Code states that the consent of a child under 12 years old is not a consent.”
Dr Wan Azizah said the onus was on the purported husband to prove the status of this union.
“Until he can produce such evidence, authorities in Malaysia will treat them as unmarried individuals. Since the girl concerned, although she is not Malaysian, is a minor, their relationship will come under the purview of various laws on child protection.”
In Kota Baru, Kelantan Syarie deputy public prosecutor Zaini Sulaiman said the rubber trader could be charged under the Islamic Family Law Enactment 2002.
He said the marriage was in violation of the enactment as the man did not get the consent of the court to wed the child and permission from the two other wives for polygamy.
“He can be charged under Section 23 and 19 of the enactment, which carries a maximum penalty of RM1,000 fine and six months’ imprisonment (for each offence).
“Legal action can only be taken against the man as the girl is a Thai national,” said Zaini.
He said the marriage of underage children must be viewed from different aspects, whether the child was forced into marriage or there were other reasons before the court delivered the judgment.
“If poverty is the reason for the union, we will not give the consent as the girl is still young and there are possibilities of the couple getting a divorce later on,” he said.