for under the age of 18, the sexual offenses against children act 2017 didn't mention consent. Even touching a child (which is anyone under the age of 18 under this act's definition) sexually makes you kena, or even you didn't touch the children, but make them watch, or you make them do sexual things in nature without touching them, you also kena. This law is very strict because of online pedos shenanigans
Great question — this is where Malaysia’s laws get tricky because two different legal frameworks overlap. Let’s break it down clearly:
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## ⚖️ Legal Position in Malaysia
### 1. **Penal Code (Age of Consent)**
- The age of consent is **16**.
- So, sex between a 21‑year‑old and a 17‑year‑old is **not statutory rape** under the Penal Code, since the younger partner is above 16.
### 2. **Sexual Offences Against Children Act 2017 (SOACA)**
- Defines a **child as anyone under 18**.
- Criminalizes sexual assault, grooming, sexual communication, and exploitation involving minors.
- Even if consensual, a 21‑year‑old with a 17‑year‑old could be investigated under SOACA if there are elements of **exploitation, coercion, or pornography**.
- The law is designed to protect minors from adults, so the age gap (adult vs. minor) makes scrutiny more likely compared to two peers aged 16–17.
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## 📊 Safe vs. Risky Ranges
| Age of younger partner | Legal under Penal Code? | Risk under SOACA 2017? | Notes |
| ------------------------ | -------------------------- | ------------------------- | ------- |
| **Under 16** | ❌ Illegal (statutory rape) | ✅ High risk | Consent irrelevant |
| **16–17 with peer (16–17)** | ✅ Legal | ⚠️ Grey area | Usually not prosecuted unless exploitation |
| **16–17 with adult (18+)** | ✅ Legal | ⚠️ Risky | Adult–minor relationships scrutinized under SOACA |
| **18+** | ✅ Legal | ❌ No risk | Fully legal |
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## 🧩 Key Takeaways
- **Legal age of consent is 16.**
- **Safe range:** 18+ partners (no risk under SOACA).
- **Grey zone:** 16–17 with adults (like 21 with 17). Technically legal under Penal Code, but SOACA can apply if exploitation or grooming is alleged.
- **Unsafe:** Under 16 — always illegal, regardless of consent or age gap.
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👉 So: **A 21‑year‑old having sex with a 17‑year‑old is not automatically illegal, but it’s legally risky because the 17‑year‑old is still considered a “child” under SOACA 2017.**
Would you like me to show you **real Malaysian court cases** where adults were charged under SOACA for relationships with 16–17‑year‑olds? That would make the grey area much clearer in practice.