Legal Framework of Sexual Assault and Sexual Harassment in Singapore
Sexual assault and sexual harassment are deeply traumatic experiences that may lead to lifelong repercussions. In Singapore, the law takes such offences with utmost seriousness by imposing harsh penalties on offenders. If you or someone you know is unfortunately dealing with a similar situation, keep reading to understand when you might need a criminal lawyer to navigate these sensitive cases.
1. Sexual Assault and Rape in Singapore
Under Singapore’s Penal Code, there are clear legal definitions and severe penalties for sexual assault and rape. These two offences are covered by Section 375 and Section 376.
Rape: Section 375 of the Penal Code
Rape, as defined under Section 375, occurs when a man penetrates another person’s vagina, mouth, or anus with his penis, either without consent or if the victim is below the age of 14. The punishment is outlined in Section 375(2) of the Penal Code, prescribing that the offender may face up to 20 years’ imprisonment, along with caning or a fine.
If the offender physically hurts or issues verbal threats before or while committing the offence, the person will be liable to at least 8 years imprisonment and a minimum of 12 strokes of the cane.
Sexual Assault by Penetration: Section 376 of the Penal Code
Section 376 applies to cases of sexual assault involving penetration. This sexual assault law in Singapore addresses situations where the offender forces someone else to commit the offence on themselves or another person, again without consent or involving a victim under 14. Similar to rape, the penalties include up to 20 years in prison, caning, or a fine.
These laws are in place to hold perpetrators of such heinous acts accountable. If you are facing allegations of sexual assault in Singapore, it is crucial to seek the services of a criminal lawyer immediately.
2. Sexual Harassment: The Protection from Harassment Act (POHA)
Sexual harassment is another serious offence governed by the local legislation. The Protection from Harassment Act (POHA) criminalises behaviour that causes harassment, alarm, or distress, with a specific focus on sexual harassment.
Definition and Scope of Sexual Harassment
Under the Protection from Harassment Act (POHA) in Singapore, sexual harassment is defined as any unwelcome sexual advance, request for sexual favors, or other acts of a sexual nature. The law encompasses a wide range of behaviors, including inappropriate comments and jokes. Whether these acts occur in person, online, or through other forms of communication, they are considered criminal under the POHA.
Types of Sexual Harassment
(i) Verbal Abuse and Harassment
This involves inappropriate remarks or sexually suggestive comments that can create a hostile environment. Such remarks can be made in person, over the phone, or even in written form (emails or text messages).
Examples:
- Lewd jokes
- Explicit language
- Comments about someone’s body or appearance
(ii) Non-Verbal Harassment
This encompasses gestures or other non-verbal actions that make someone feel uncomfortable or threatened. It also includes conveying inappropriate intent and creating a toxic atmosphere.
Examples:
- Leering or staring
- Displaying sexually explicit images or objects
- Sending suggestive letters, notes or emails
(iii) Physical Harassment
Physical harassment encompasses any unwelcome physical contact. More severe cases may cover sexual assault or rape.
Examples:
- Touching
- Hugging
- Kissing
- Patting
(iv) Cyber Sexual Harassment
Cyber sexual harassment has become more common with the rise of online platforms. In addition to any unwelcome sexual advances, this form of harassment also involves non-consensual sharing of intimate images, or ‘revenge porn’.
Examples:
- Sending unwanted sexual comments via email, social media, or messaging apps
- Sending unsolicited explicit images or videos
(v) Workplace Sexual Harassment
Workplace sexual harassment is particularly concerning due to the power dynamics often at play. It often takes the form of inappropriate comments or physical contact between a supervisor and a subordinate.
The Protection from Harassment Act (POHA) in Singapore enforces strict penalties for acts of harassment, including sexual harassment, to safeguard victims and maintain a respectful society.
1. Monetary Fines
Offenders may be fined up to $5,000 for committing acts of harassment, depending on the nature and severity of the behavior.
2. Imprisonment
In cases involving severe or repeated harassment, offenders can face imprisonment of up to 12 months, demonstrating the seriousness of these crimes.
3. Protection Orders
Victims can seek a Protection Order (PO) to prevent further harassment. Violating this order can lead to additional legal consequences.
4. Community Orders
In some cases, courts may impose community orders requiring the offender to undergo counseling or perform community service to rehabilitate their behavior.
Why You May Need a Criminal Lawyer
Whether you are facing allegations or have been a victim of sexual assault or harassment, securing legal representation is essential to safeguarding your rights. At Low Law Corporation, our experienced criminal lawyers are well-equipped to guide you through the complex legal processes involved in such cases. On top of professional legal advice, we offer emotional support during what is often a stressful time.
If you need assistance, please do not hesitate to contact us.
FAQs about sexual assault in Singapore
What is the definition of consent under Singapore law?
Consent, as defined in Section 90 of the Penal Code, refers to a person’s voluntary agreement to engage in an act without coercion, deception, or undue influence. If consent is obtained through force, fear of harm, or misrepresentation, it is not considered valid.
Can a man be a victim of sexual assault in Singapore?
Yes, men can also be victims of sexual assault under Section 376 of the Penal Code, which covers sexual assault by penetration. The law is gender-neutral in addressing non-consensual acts, ensuring protection for all individuals.
Is it a crime if a victim consents to certain acts but refuses others, and the offender exceeds these boundaries?
Yes, it is a crime. Consent must be specific and can be withdrawn at any time. For instance, if the victim consents to kissing but clearly refuses further sexual acts, continuing beyond that refusal constitutes sexual assault or rape under Sections 375 and 376 of the Penal Code.
Can an intoxicated person give consent?
Under Singapore law, a person who is intoxicated or under the influence of drugs may not have the capacity to provide valid consent. Section 375(4) explicitly states that consent is not valid if the person is incapable of understanding the nature and consequences of the act due to intoxication.
What is the legal stance on marital rape in Singapore?
Marital rape is recognized as a crime in Singapore. As of 2020, the Penal Code was amended to remove the marital immunity clause. This means that a spouse can be charged with rape if they engage in non-consensual sexual intercourse, irrespective of their marital status.
What is the difference between rape and sexual assault by penetration in Singapore?
Rape, defined under Section 375, involves penile penetration of the vagina, anus, or mouth without consent. Sexual assault by penetration, covered under Section 376, includes the use of any object or part of the body (other than a penis) to penetrate the victim’s body. Both carry severe penalties, including up to 20 years’ imprisonment, caning, and fines.
Is cyber sexual harassment punishable under Singapore law?
Yes, cyber sexual harassment falls under the Protection from Harassment Act (POHA) in Singapore. Sending unsolicited sexual messages, images, or videos through online platforms, as well as sharing intimate images without consent (revenge porn), are criminal offenses.
What protections does the law offer to victims of workplace sexual harassment?
Workplace sexual harassment is addressed under the POHA. Victims can file a police report or seek a protection order to stop the harassment. Employers are also encouraged to implement clear anti-harassment policies and provide support for affected employees.
What should I do if I experience sexual assault in Singapore?
- Seek medical attention immediately to document injuries and collect evidence.
- File a police report as soon as possible.
- Consult a criminal lawyer for guidance on legal proceedings and victim rights.
What penalties do offenders face for sexual assault or harassment in Singapore?
Penalties vary depending on the offense:
- Rape: Up to 20 years’ imprisonment, caning, or fines.
- Sexual Assault by Penetration: Similar penalties to rape.
- Sexual Harassment: Fines up to $5,000, imprisonment up to 12 months, or both under POHA.
