Singapore -- Age of Consent

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Update 07-2002:

We felt that we had correctly determined that the TRUE age at which a person may commit to sexual activity was 16.  However, we are receiving contradicting information that the specific chapter we were taking into consideration only applied to child prostitutes (in which the prostitute must be at least 16).   Because of hte confusion, we will revise the chart to reflect both ages 14/16.

Then we found a news article which re-iterated that the age is 14:

Man jailed for sex with retarded girl, 12

A DELIVERY assistant befriended a mildly retarded girl and, four months later, had sex with her in a Geylang apartment.
She was 12 years old.  Rahmat Muhamed, 26, met the girl when he was helping out at a Malay wedding at the void deck of a block of flats in May last year. They exchanged phone numbers and he called her that same night.

During their conversation, she told him her age. Still, he called her daily and met her a few times. 
On Sept 15 last year, at about noon, he met her at Ang Mo Kio. He later took her to a service apartment at Lorong 4, Geylang, where they had sex.

In court yesterday, Rahmat was sentenced to seven years' jail and six strokes of the cane after he admitted to raping the girl. 

Although she consented, he had committed statutory rape as the girl was under 14.

A second charge was considered during the sentencing.  The prosecution told Justice Kan Ting Chiu that the girl has an IQ of 52 which puts her in the mild mental-retardation range. She is now 13.   Police arrested Rahmat after the girl's teacher called them on Oct 15. Mr John Abraham, lawyer for Rahmat, said in mitigation that his client, who is single, was living with his parents and elder sister. He said this was not a case where a man had forced himself on an unsuspecting victim who was a total stranger to him. He said the two were friends, and this led to sex.

He said Rahmat regretted his conduct. He added the two would have gone to the Sepang Formula 1 Grand Prix together in October had Rahmat not been arrested.  He could have been jailed for up to 20 years and fined or caned.
Source:  http://straitstimes.asia1.com.sg/singapore/story/0,1870,130259,00.html?

 

 

Update 01-2001:

Source:  http://www.actwin.com/eatonohio/gay/world.htm

SINGAPORE LAWS: 1. Male homosexual sex is illegal, and can be punished by life in prison, lesbian sex is legal in private.
2. Visual representation of homosexual acts are banned, and so are materials that portray homosexuality as a legitimate and acceptable lifestyle.
3. In the Ministry of Foreign Affairs self-acknowledged homosexuals are barred from appointments involving access to classified information, while "outed" homosexuals are dismissed or exiled to another ministry.
4. The Ministry of Defence does not admit self-acknowledged gay men into the military, but they have to serve the army in the capacityof administrative or logistical clerks when serving their two and a half-year compulsory military service.

Source:   http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/

Singapore - Singapour - Singapur       Singapore

I. Ages for legal purposes
Age of simple majority        Under Singapore law, the legal age of majority for entering into contract is twenty-one (21) years.

Age of consent for sexual activity
The legal age of consent for sexual activity is fourteen (14) years.


Age of consent for marriage
The legal age of consent for marriage is respectively fourteen (14) end eighteen (18) for female and male persons.

The relevant laws that deal with sexual offences against minors are the Penal Code, the Woman’s
Charter, the Children and Young Person Act, the Undesirable Publication Act and the Film Act.

II. Rape
Section 375 of the Penal Code states
" A man is said to commit " rape " who, except in the case hereinafter, has sexual intercourse with
a woman under circumstances falling under any of the five following descriptions :
a) against her will ;
b) without her consent ;
c) with her consent, when her consent has been obtained by putting her in fear of death or hurt ;
d) with her consent, when the man knows that he is not her husband, and her consent is given because she believes herself to be lawfully married or to whom she would consent ;
e) with or without consent, when she is under fourteen (14) years of age. "

Section 376 determines the punishment and states
Subsection (1) :
" Subject to subsection (2), whoever commits rape shall be punished with imprisonment for a term which may extend to twenty (20) years, and shall also be liable to fine or to caning. "
Subsection (2) :
" Whoever, in order to commit or to facilitate the commission of an offence of rape against any woman -
a) voluntarily causes hurt to her or to any other person ;  or ;
b) puts her in fear of death or hurt to herself or any other person ,
-and whoever commits rape by having sexual intercourse with a woman under fourteen (14) years of age without her consent, shall be punished with imprisonment for a term of not less than eight (8) years and not more than twenty (20) years and shall also be punished with caning with not less than twelve (12) strokes. "

Article 90 defines consent and states
" A consent is not a consen tas is intended by any section of this code -
a) if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception ; or
b) if the consent is given by a person who, from unsoundness of mind or intoxication, is unable to understand the nature and the consequence of that to which he gives his consent ; or
c) unless the contrary appears from the context, if the consent is given by a person who is under twelve (12) years of age. "

III. Other forms of child sex abuse
Unnatural Offences’, as described in Section 377
" Whoever voluntarily hascarnal intercourse against the order of nature with any man, woman or animals,
shall be punished with imprisonment for life, or with imprisonment for a term which may extend to ten (10) years, and shall also be liable to a fine. "

‘Incest’, described in Section 376A (a) and (b)
" (a) Anyman who has carnal knowledge of a woman with or without her consent who is to his
knowledge his grand-daughter, daughter, sister, half-sister or mother(whether such relationship is
or is not raced through lawful wedlock) ; or
(b) any womanof or above the age of sixteen (16) who with consent permits her grandfather,
father, brother, half-brother or son(whether such relationship is or is not traced through lawful
wedlock) to have carnal knowledge of her (knowing him to be her grandfather, father, brother,
half-brother or son, as the case may be),
-is said to have commit incest. "
Section 376B determines punishment and states
" A man who commits incest shall be punished with imprisonment for a term which may extend to
five (5) years and if the woman is found to be under the age of fourteen (14), the offender shall be
punished with imprisonment for a term which may extend to fourteen (14) years. "
Section 376C states
" A womanwho commits incest shall be punished with imprisonment which may extend to five (5) years. "

‘Outraging of modesty’, described in Section 354
" Whoever assaults or uses criminal force to any person, intending to outrageor knowing it to be
likely that he will thereby outrage the modesty of that person, shall be punished with imprisonment
for a term which may extend to two (2) years, or with fine, or with caning, or with any two of such
punishments. "

Subsection (1) of Section 354A states
" Whoever, in order to commit or to facilitate the commission of an offence against any person
under Section 354, voluntarily causes or attempts to cause to that person death, or hurt, or wrongful
restraint, or fear of instant death, instant hurt, or instant wrongful restraint, shall be punished with
imprisonment for a term of not less than two (2) years and not more than ten (10) years and with
caning. "

Subsection (2) of Section 354A states
" Whoever commits an offence under subsection (1)-
(a) in a lift in any building ; or
(b) against any person under fourteen (14) years of age, shall be punished with imprisonment for a term of not less than three (3) years and not more than ten (10) years and with caning. "

‘Outraging of decency’, described in Section 377A
" Any male person who, in public or private, commits, or abets the commission of , or procures or attempts to procure the commission by any male person of, any gross indecency with another male person, shall be punished with imprisonment for a term which may extend to two (2) years. "

IV. Child prostitution
The articles concerning the offence of child prostitution are extracted from the Women’s Charter.
Section 140 subsection (1) states
" Any person who -
a) sells, lets for hire or otherwise disposes of or buys or hires or otherwise obtains possession of any woman or girlwith intent that that woman or girl shall be employed or used for the purpose of prostitutioneither within or without Singapore, or knowing or having reason to believe that that woman or girl will be so employed or used ;

b) procures any woman or girl to have either within or without Singapore, carnal connectionexcept by way of marriage with any male person or for purpose of prostitution, either within or without Singapore.

c) by threats or intimidation procures any woman or girl to have carnal connection except by way of marriage with any male person either within or without ingapore ;

d)brings into Singapore, receives or harbours any woman or girl knowing or having reason to believe that that woman or girl has been procured for the purpose of having carnal connection except by way of marriage with any male person or for the purpose of prostitution either within or without Singapore, receives or harbours that woman or girl with intent to aid such purpose ;

e)knowing or having reason to believe that any woman or girl has been procured by threats or intimidationfor the purpose of having carnal connection, except by way of marriage with any male person, either within or without Singapore, receives or harbours that woman or girl with intent to aid such purpose ;

f) knowing or having reason to believe that any woman or girl has been brought into Singapore in breach of Section 142 or has been sold or purchased in breach of paragraph (a), receives or harbours that woman or girlwith intent that she may be employed or used for the purpose of prostitutioneither within or without Singapore ;

g) detains any woman or girl against her will on any premises with the intention that she shall have carnal connectionexcept by way of marriage with any male person, or detains any woman or girl against her will in a brothel ;

h) detains any woman or girl in any place against her will with intent that she may be employed or used for the purpose of prostitutionor for any unlawful or immoral purpose ;

i) has carnal connection with any girl under the age of sixteen(16) years except by way of marriage ; or

j) attempts to do any act in contravention of this section,

-shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not
exceeding five (5) years and shall be liable to a fine not exceeding $ 10,000. "

Subsection (2) states

" Any male person who is convicted of a second or subsequent offence under subsection (1) a), b),
c), d), e) or f) shall in addition to any term of imprisonment awarded in respect of such offence, be
liable to caning. "

‘Permitting a girl under sixteen (16) years to use premises for intercourse’, described in Section 143

" Any person who is the owner or occupier of any premises, or who has, or acts or assist in, the
management or control of any premises, induces or knowingly suffers a girls under the age of
sixteen (16) years to resort to, or be on those premises for the purpose of having sexual
intercourse except by way of marriage with any male person shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $ 2,000 or to imprisonment for a term not exceeding three
(3) years or to both. "

‘Causing or encouraging prostitution’, described in Section 145

" (1) Any person who causes or encourages the prostitutionof, or the commission of unlawful
sexual intercourse with, or of an indecent assault on a girl under the age of sixteen(16) years for
whom he is responsible, shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $ 2,000 or to imprisonment for a term not exceeding three (3) years or to both.

(2) Where a girl has become a prostitute, or has had unlawful sexual intercourse, or has been
indecently assaulted, a person shall be deemed for the purpose of this section to have caused or
encouraged it, if he knowingly allowed her to consort with or to enter or to continue in the
employment of, any prostitute of known immoral character. "

‘Person living on or trading in prostitution’, described in Section 146

" (1) Any person who knowingly lives wholly or in part on the earnings of the prostitution of
another personshall be guilty of an offence and shall be liable on conviction to imprisonment for a
term not exceeding five (5) years and shall also be liable to a fine not exceeding $ 10,000.

(2) Any person who is convicted of a second or subsequent offence under this section shall in
addition to any term of imprisonment imposed in respect of such offence be liable to caning.

(3) Where any person is proved to live with or be habitually in the company of a prostituteor
prostitutes or is proved to have exercised control, direction or influenceover the movements of a
prostitute or prostitutes in such a manner as to show that that person is aiding, abetting or
compelling her or their prostitution with any other person or generally, that person shall, on the
absence of proof to the contrary, be deemed to be knowingly living on the earnings of
prostitution. "

‘Traffic in woman and girls’, described in Section 141
" Any person who buys, sells, procures, traffics in, or brings into or takes out of Singaporefor the
purpose of such traffic, and whether or not for the purpose of present or subsequent prostitution,
any woman or girl, shall be guilty of an offence and shall be liable on conviction to imprisonment for
a term not exceeding five (5) years and shall also be liable to a fine not exceeding $ 10,000. "

‘Importation of a woman or a girl by false pretences’, described in Section 142
" Any person who by or under false pretence, false representation or fraudulent or deceitful
meansmade or used either within or without Singapore, brings into or takes out of, or assists in
bringing into or assists in taking out of Singapore, any woman or girl -

a) withintentthat that woman or girl shall be employed or used for the purpose of
prostitution either within or without Singapore ;

b) knowing or having reason to believethat that woman or girl will be so employed or used ; or

c) whether or not for the purpose of present or future prostitution ;

-shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not
exceeding five (5) years and shall also be liable to a fine not exceeding $ 10,000. "


V. Child pornography
The Articles concerning Pornography are extracted from the Children and Young Person Act.
Concerning ‘Sexual exploitation of a child or young person’, Section 6 states
" Any person who, in public or private, commits or abets the commission of or procures or
attempts to procure the commission by any person of any obscene or indecent act with any child
or young person, shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $ 5,000 or to imprisonment for a term not exceeding two (2) years or to both and, in the
case of a second or subsequent conviction, to a fine not exceeding 10,000 or to imprisonment for a
term not exceeding four (4) years or to both. "

There is no specific legal provision in the legislation of Singapore concerning the offence of child pornography,
but the Undesirable Publication Act and the Film Censor Act cover all forms of pornography.

 

 

Update:  November 2, 2000:
Hi
I am from Singapore. No doubt, Gay sex in Singapore is illegal. I would like to bring to your attention that one minister in Singapore has said

"If the intention of the forum is to push for general acceptance of homosexuality in Singapore, then my view is that what people do in private about their sexual orientation is up to them. But please do not try to promote general acceptance of homosexual behaviour in public, because we are still a conservative society, for very good reasons. "

It is therefore saying that though Gay sex is illegal in the eyes of law, as long as people are not caught in the act. Its fine

 

 

Date Tue, 28 Mar 2000 110506 +0200
Hi there, A friend informed me about your page, which is very useful for me as a journalist. However, I want to draw your attention to male-male sex in India and Singapore, where your have entered a question mark. Both countries have inherited old British laws, and section 377 in the penal code (apllies for both countries as well as Malaysia) forbids sexual encounters against the order of nature. IE homosexuality is illegal in both countries. Indian authorities are lax about the regualtions, while the Singaporean government, however, on several occasions have instituted hard actions against cruising and the establishment of gay bars and meeting places. Yours sincerely

From:  Terence Chua khaos@yay.tim.org
Date:  Sat, 6 Feb, 1999

Please note:

There is no age of consent for MALES in Singapore.  The statutory rape provisions in both the Penal Code (Section 375) and the Women's Charter (Section 140) apply only to FEMALES.  One of the definitions of rape in the Penal code is having sexual intercourse with a woman under 14, regardless of consent.  Section 140 of the Women's Charter defines the offence of carnal intercourse with an underage female (a less severe punishment than rape) as having sex with a woman under 16, regardless of consent.

-----------
Terrence Chua
http://www.khaosworks.org

 


In Singapore, the 1974 Termination of Pregnancy Act sets the only legal
requirement for abortion: that it must be performed by a registered
medical practitioner with the written consent of the pregnant woman.
This makes abortion the only medical procedure in Singapore that does
not need parental consent or the consent of a guardian if the patient is
under 21.

Parlaiment Nominated Member Claire Chiang pointed out, "For under
14s, it's statutory rape and the onus is on all professionals to report to
the police."

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