Singapore - The Penal Code - Equality Now
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Singapore - The Penal Code

  • Country: Singapore
  • Law status: Discriminatory law partially amended
  • 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.

UPDATE: Success! On 27 May 2019, the President of Singapore gave his assent to the
Criminal Law Reform Act, 2019, which removed the immunity for marital rape. Now,
husbands who rape their wives can be found guilty of rape under Articles 375 and
376-A of The Penal Code. However, the amended law maintains marital immunity for
provisions encourage “child marriage” and assume the children, mostly girls, are
willingly consenting to sexual activity and not coerced merely because they are married
to the offender. Please continue to take action to call on the Singapore government to
close these loopholes and oppose “child marriage” and the marital exemption to statutory rape!

 

The Law

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….

(1A) Any man (A) who penetrates, with A’s penis, the anus or mouth of another person (B) —

(a) without B’s consent; or

 

(b) with or without B’s consent, when B is below 14 years of age,

shall be guilty of an offence.”

 

. . .

(4) No man shall be guilty of an offence under subsection (1)(b) or (1A)(b) for an act of penetration against his wife with her consent.

 

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); . . .

 

(2) Whoever commits an offence under this section against a person (B) who is of or above 14 years of age but below 16 years of age —

(a) in a case where the offender is in a relationship that is exploitative of B, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; and

 

(b) in any other case, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

(3) Whoever commits an offence under this section against a person (B) who is under 14 years of age shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.


(4) No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse.

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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