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Singapore - The Penal Code

  • Country: Singapore
  • Law status: Discriminatory law in force
  • Law Type: Rape

Articles 375 and 376A of Singapore’s Penal Code do not criminalize marital rape in most cases if the wife is at least 13 years of age.

Chapter XVI. Offences Affecting the Human Body.

Article 375. Rape.

(1) Any man who penetrates the vagina of a woman with his penis —

(a) without her consent; or
(b) with or without her consent, when she is under 14 years of age,
shall be guilty of an offence….

. . .
(4) No man shall be guilty of an offence under subsection (1) against his wife, who is not under 13 years of age, except where at the time of the offence:

(a) his wife was living apart from him —
          (i) under an interim judgment of divorce not made final or a decree nisi for
          divorce not made absolute;
          (ii) under an interim judgment of nullity not made final or a decree nisi for
          nullity not made absolute;
          (iii) under a judgment or decree of judicial separation; or
          (iv) under a written separation agreement;

(b) his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;

(c) there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;

(d) there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or

(e) his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.

Article 376A. Sexual Penetration of Minor Under 16.

(1) Any person (A) who

(a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B); . . .

. . .(5) No man shall be guilty of an offence under subsection (1)(a) for penetrating with his penis the vagina of his wife without her consent, if his wife is not under 13 years of age, except where at the time of the offence —

(a) his wife was living apart from him —
          (i) under an interim judgment of divorce not made final or a decree nisi for
          divorce not made absolute;
          (ii) under an interim judgment of nullity not made final or a decree nisi for
          nullity not made absolute;
          (iii) under a judgment or decree of judicial separation; or
          (iv) under a written separation agreement;

(b) his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;

(c) there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;

(d) there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or

(e) his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.

 

Note:

Article 12(1) of the Singapore Constitution: All persons are equal before the law and entitled to the equal protection of the law.

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