Doli Incapax: The Relevancy of Section 113 of the Evidence Act 1950 Relating to Child Rape in Malaysia

Malaysia has witnessed a concerning rise in sexual crimes involving minors. This increase is attributable to several factors including technological advancements, the widespread availability of pornographic material, and inadequate parental supervision. This study critically examines Malaysia’s legal framework specifically Section 113 of the Evidence Act 1950 in addressing the effect on the child victim of rape. The research focused on assessing whether current laws are sufficient and appropriate, given the growing trend of sexual offenses committed by minors and the contributing environmental factors. Employing doctrinal research methodology, this study drew on a variety of library-based resources, such as academic journals, books, and online databases to analyse the legal landscape. The research revealed that existing legislation has notable shortcomings, particularly in handling the complexities of juvenile crimes and balancing rehabilitative approaches with punitive ones. A comparative study of England's legal system provides insights into potential improvements and reforms that could be applied to the Malaysian context. The study concluded by advocating for legislative changes that promote a more effective framework for both preventing and penalizing juvenile rape offenses. Emphasizing a dual approach that includes both rehabilitation and societal safety, the recommendations aim to enhance the current juvenile justice system. This research ultimately contributes to the broader discourse on juvenile justice by proposing practical reforms for the legal treatment of young offenders in Malaysia.