Tasek Gelugor MP Shabudin Yahaya has defended his remarks on rape victims and marriage by explaining his position on statutory rape.

In an interview with RTM today, Shabudin said statutory rape would likely involve consensual sex between a couple, in which one is below the age of consent.

"The rapist might be a friend (or) a boyfriend whom the (victim) loves, and the boyfriend loves her too," he said. 

He cited the example of a 20-year-old male falling in love with a 15-year-old girl and end up having sex. 

If the family comes to know of the relationship, they might arrange for the couple to wed and the law allows for this, he said, adding that Muslims would require permission from the Syariah Court.

"A rape case is a crime. But if both families come to a mutual understanding, (the marriage) cannot be forbidden," he said. 

'Power of God'

Shabudin denied having told the Dewan Rakyat yesterday that a rape victim should be forced to marry the assailant. 

"I did not say that we must ensure that the woman who was raped with force must be married (to the assailant). I did not say that.

"But if (the marriage happens) - we may never know, this is the power of God - perhaps the woman or the man is remorseful, repents, or he proposes that he marry the woman. There shouldn't be objections.

"If the woman is 16 and above, she can decide for herself. If she is below 16, the family and the court can decide for her," said Shabudin, who is a former Syariah Court judge. 

For the good of the couple

Marriage, under such circumstances, might be good for the couple. 

"The public must understand this. What I was saying was: Let's go back to the couple I mentioned earlier. If she becomes pregnant, we can't say you guys can't get married because the law forbids it.

"What happens to this couple? They don't have a problem with each other. That's why Islamic law allows for such couple to get married," he said. 

There was public uproar following reports of Shabudin's speech yesterday. However, he claimed that the press had taken his speech out of context. 

The Handsard for the April 4 proceeding can be found on the Parliament website. Records of Shabudin's contentious speech begins on page 81.