Malaysia: Six-year-old boy accused of raping his cousin, aged five, while playing 'mummy and daddy game'

Submitted by Mastodon on Sat, 2014-01-04 22:51

Story here. Excerpt:

'A Malaysian boy aged six has been accused of raping his five-year-old cousin in a case believed to be the one of the first of its kind in the world.

Doctors discovered she had been sexually penetrated after a medical check-up - and despite initial scepticism a consultant urologist at the Kuala Lumpur Hospital said it was possible for a child that young to have an erection.

The extraordinary case came to light after the children's grandmother found them naked and playing 'mothers and fathers' at the family home in the town of Pendang, Kedah - a rural area covered with paddy fields
...
The doctor who examined the girl and found a minor tear in the hymen alerted the Malacca Action Group for Parents in Education.

Chairman Mak Chee Hin said: 'It is shocking that young children are capable of such acts.
...
This case, he added, could have happened due to exposure to pornographic materials.

'It could be due to witnessing an adult performing an intimate act or watching pornographic videos, said the urologist.

“Even if the child had an erection, it would have only lasted for a while and not to the extent of penetration.'

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Comments

OK, here goes.

First, one must be able to form a mental state consistent with committing a criminal act. By definition, 6-year-olds can't-- unless I suppose Malaysia has a legal system different from most other countries about these things. But even common sense and experience tells us that 6-year-olds do not have a sense of right and wrong quite as developed as, say, even a 12-year-old. In fact, nowhere close. And most countries still don't consider 12-year-olds capable of committing criminal acts unless under particular conditions.

Second, let's assume for one second, that Malaysian law has *not* defined rape, statutory or otherwise, such that only a male can commit it. [But in fact, that is how they have it defined. See here. The 'Act 574' referenced can be read here (.pdf). At p. 145 of that document, it defines rape as "A man" who has sex *with a woman* under certain circumstances. Note there appears to be no explicit protection for underage males, or males at all.] But if so, maybe they would have to ask, did not the girl also commit a crime by behaving sexually with an underage boy? But it seems in this scenario, even if she consented to (or even instigated) these activities, it's the boy who's in trouble.

Well, I have no idea what happens to 6-year-old boys in Malaysia when caught doing something prohibited under their penal code. No matter, I do hope the cooler heads prevail.

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Submitted by Matt on Mon, 2014-01-06 00:53

I just dress like one occasionally during Mardi Gras. you would be amazed how many examinations you can perform in one night. however, the $$ is chocolate, or fake, w/ some movie star's pix on it or something like that. but I digress.

what makes me scratch my head is the wee-wee m.d. who says that if the boy did get an erection, it would only last a very short time. wharanch? I don't remember actually measuring the duration, but it seems like that darn thing was always getting hard at exactly the wrong time, for what seemed like forever. I do remember there were twins who were always getting naked for my buddy Kirby and me out in the shed. we had no idea what to do about it, but there was that darned thing looking up at me again sorta pitiful like every time.

one must have a comprehension of right and wrong to be guilty of a crime (or a sin) in most of the civilized world. hopefully this is one of those places, although the fact that it made the news doesn't bode well for what is to come for the poor kid.

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Submitted by daveinga on Mon, 2014-01-06 03:31