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Government Laws

Penal Code - Chapter XVI - Rape

The following section was extracted from the Singapore Penal Code document and reflect penalties for the crimes that relate to human trafficking. For a full description of the Penal Code please visit http://statutes.agc.gov.sg/

Rape

A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the 5 following descriptions:

1. against her will;
2. without her consent;
3. with her consent, when her consent has been obtained by putting her in fear of death or hurt;
4. with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent;
5. with or without her consent, when she is under 14 years of age.

Explanation

Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception

Sexual intercourse by a man with his own wife, the wife not being under 13 years of age, is not rape.

Punishment for rape

(1) Subject to subsection (2), whoever commits rape shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(2) Whoever, in order to commit or to facilitate the commission of an offence of rape against any woman:

1. voluntarily causes hurt to her or to any other person; or
2. puts her in fear of death or hurt to herself or any other person, and
3. whoever commits rape by having sexual intercourse with a woman under 14 years of age without her consent,

shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

Incest

1. Any man 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 traced through lawful wedlock); or
2. any woman of or above the age of 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 commit "incest."

Punishment for incest committed by men

376B. A man who commits incest shall be punished with imprisonment for a term which may extend to 5 years and if the woman is found to be under the age of 14 the offender shall be punished with imprisonment for a term which may extend to 14 years.

Punishment for incest committed by women

376C. A woman who commits incest shall be punished with imprisonment which may extend to 5 years.

Sanction

No prosecution for an offence under sections 376B and 376C shall be commenced without the sanction of the Attorney-General or the Solicitor-General.