Anyone can be a victim of sexual harassment or assault, regardless of their age, gender or background. It can happen at school, at work, in public or even at home, and the vast majority of victims know the perpetrator. Research has shown a quarter of Singaporean women and one in ten men have experienced sexual harassment, while only half reported the incident or even mentioned it to another person.
If you are a victim, it’s important not to let any feelings of embarrassment or fear of repercussion prevent you from seeking help and justice. While sexual harassment is not explicitly defined by the law, it is covered by the broader Protection from Harassment Act (POHA). Here’s a guide to understanding the different types of harassment and how you can take action if it happens to you.
What Constitutes Sexual Harassment?
Sexual harassment in Singapore is defined under the Protection from Harassment Act (POHA) as any unwelcome sexual advance, request for sexual favours, or acts of a sexual nature.
It covers a range of behaviours, including offensive comments, jokes, and unwanted sexual advances. This applies to any context, whether the harassment happens online or offline.
The POHA is the primary law dealing with sexual harassment in Singapore. It criminalises any behaviour that causes harassment, alarm, or distress to another person, and includes sexual harassment.
According to Singapore sexual harassment laws, harassment is defined as any threatening, abusive, or insulting words or behaviour, which extends to unwanted sexual conduct.
While sexual harassment under Singapore law is not explicitly mentioned in the Penal Code, it falls under the broader definition of harassment under the POHA. In the workplace, the Employment Act also protects employees from sexual harassment, requiring employers to maintain a safe working environment.
Additionally, Singapore is a signatory to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, which recognises sexual harassment as “unwelcome sexually determined behaviour.”
This includes physical contact, advances, remarks, or showing inappropriate content. In simple terms, sexual harassment is any unwelcome physical or non-physical sexual advancement.
4 Main Types Of Sexual Harassment In Singapore
1. Physical Harassment And Sexual Violence
Physical sexual harassment and assault is unwanted behaviour ranging in severity from excessive arm touching and butt slapping to kissing, molestation and rape. The most serious forms of assault carry the harshest penalties under the law, with rape carrying up to 20 years in prison. It also includes unlawful stalking, whereby a person follows you, interferes with your property or loiters near your home, workplace or any other places you frequent. It’s important to note that these laws apply to victims who are unable to defend themselves because they are drunk, unconscious or otherwise debilitated.
2. Verbal Harassment
A common misconception is that an act is only considered sexual harassment if it is physical in nature. On the contrary, a range of non-physical behaviour counts as harassment under the law, including the use of threatening, abusive or insulting words with a sexual connotation.
If, for example, a colleague loudly describes their desire for a sexual relationship with you, knowing you are in earshot and intending to cause distress, they would most likely be guilty under the law.
3. Non-Verbal Harassment
Non-verbal harassment is a form of sexual harassment that involves unwanted non-verbal sexual behaviour. Examples include lewd gestures, inappropriate staring, or exposing oneself. It also extends to actions like displaying sexually explicit images, sending suggestive notes or emails, and making sexual gestures.
Even though these actions may not involve physical contact, they can create a hostile and uncomfortable environment, causing distress or alarm to the victim. Non-verbal sexual harassment can occur in public spaces or social settings.
For example, inappropriate staring or making sexual gestures at someone in a public area like a park or on public transport can be considered sexual harassment under Singapore law.
The POHA includes non-verbal harassment within its scope, ensuring that individuals who engage in such behaviour face legal consequences.
4. Online Sexual Harassment
The rise of digital platforms has made online sexual harassment more common. This includes any unwelcome sexual advances, comments, or threats made through email, social media, or messaging apps.
It’s not unusual for individuals to receive direct messages pestering them for nude photographs or be threatened with the non-consensual sharing of intimate images, often referred to as ‘revenge porn.
The anonymity or semi-anonymity of the internet can make it seem like the harasser is untouchable. However, online harassment is a punishable offence under Singapore law. Whether it occurs on social media or through other digital means, victims are not powerless to stop it.
Other Forms Of Harassment
A person does not need to touch or speak to a victim to subject them to sexual harassment. Any obscene act which causes discomfort can be considered harassment, such as exposing one’s genitals, leering at another’s body, making lewd gestures or showing others explicit images.
Even an indirect act such as saving a pornographic image as a screensaver on your computer can fall under this category in certain circumstances.
Workplace Sexual Harassment
Workplace sexual harassment is one of the most common forms of harassment in Singapore, often involving a power dynamic between a supervisor and a subordinate.
It can take many forms, including inappropriate comments, unwanted physical contact, or suggestive remarks. These behaviours can create a hostile work environment and impact an employee’s mental and emotional well-being.
Under Singapore sexual harassment laws, employers have a legal obligation to provide a safe and respectful workplace.
The POHA and the Employment Act hold employers accountable for addressing sexual harassment in the workplace. This includes establishing clear policies, offering reporting channels, and taking immediate action when harassment occurs.
Types of conduct that could be considered workplace harassment include:
- Making inappropriate jokes or sexual comments
- Unwanted sexual advances or propositions
- Touching or any other unwanted physical contact
- Sharing sexually explicit material, such as images or videos
- Sending suggestive messages via email or text
Employers are required to take these issues seriously by implementing preventive measures and ensuring that complaints are handled fairly and promptly.
Educational Institutions
In schools, colleges, and universities, sexual harassment can occur between students or between students and staff.
Sexual harassment in Singapore’s educational institutions may take place in classrooms, dormitories, or during school-related events. Students may experience inappropriate remarks, unwanted advances, or even physical harassment from their peers or teachers.
Educational institutions have a responsibility to protect students from sexual harassment. Schools and universities must enforce strict policies against harassment, provide clear reporting procedures, and ensure that students are aware of their rights under Singapore law.
Sexual harassment under Singapore law, especially in educational settings, is taken seriously under the POHA, which aims to prevent harassment, alarm, or distress in all environments, including schools.
Institutions must create a safe and respectful learning environment where students can study without fear of harassment.
Public Spaces And Communities
Sexual harassment can occur in any public space, including transportation systems, parks, shopping malls, and even residential neighbourhoods. Harassment in these areas often involves unwanted comments, gestures, or physical contact.
For example, a person may experience inappropriate comments while walking in a park or be subjected to sexual harassment while using public transportation.
Under Singapore law, such behaviour is considered a serious offence. The Protection from Harassment Act (POHA) provides legal protection for individuals facing sexual harassment in public spaces. The law aims to protect people from harassment, alarm, or distress caused by inappropriate behaviour in public areas.
If a person is harassed on the streets, in a public park, or on public transport, they can file a complaint under the POHA. This ensures that offenders face legal consequences for their actions.
Online Platforms And Social Media
The rise of digital platforms has made sexual harassment more common on social media, messaging apps, and online communities. This can include explicit messages, unwanted sexual advances, or the non-consensual sharing of intimate images, often referred to as cyber harassment.
Platforms like Facebook, Instagram, and dating apps are frequently used for such activities, with offenders often hiding behind the anonymity that the internet offers.
Dealing with online sexual harassment in Singapore presents unique challenges. However, Singapore sexual harassment laws, particularly the POHA, provide protection against cyberbullying and online harassment.
Victims of online harassment can seek legal action, and offenders may face fines or imprisonment for their actions. Whether through direct messages, social media comments, or video game chats, online harassment is considered a punishable offence under sexual harassment law.
What Are Sexual Assault Punishment In Singapore?
Sexual harassment and assault in Singapore are governed by the Penal Code and the Protection from Harassment Act (POHA).
These laws prescribe the offences and punishments for both physical and non-physical forms of sexual harassment. Since these offences are criminal in nature, victims can make a police report, initiating investigations and prosecutions against the offender.
Non-Physical Offences
Non-physical sexual offences involve harassment through verbal abuse, lewd remarks, or inappropriate messages. Under Singapore law, such actions are punishable, even though no physical contact occurs.
Section 3 of the POHA covers the offence of intentionally causing harassment, alarm, or distress. For instance, if a person verbally insults or makes inappropriate sexual comments about someone in the workplace or public, they may be guilty of sexual harassment.
An example could be a colleague loudly discussing their sexual desires about another colleague, knowing that the comments can be overheard. In such a case, the offender may face imprisonment for up to 6 months or a fine of up to S$5,000, or both.
Section 4 of the POHA deals with behaviour that is likely to cause harassment, alarm, or distress. For example, if someone posts false or degrading information about another person on social media, leading to distress or alarm, they may also be prosecuted. The offender could be fined up to S$5,000 if convicted.
Section 7 of the POHA further criminalises unlawful stalking. This could include following someone repeatedly, sending them unwanted messages, or monitoring their movements.
Anyone found guilty of unlawful stalking may be punished with imprisonment for up to 12 months, a fine not exceeding S$5,000, or both.
Additionally, Section 377BB of the Penal Code addresses voyeurism. This includes filming someone’s private acts or taking upskirt photos without their consent. Those convicted of voyeurism could face imprisonment of up to 2 years, a fine, caning, or any combination of these punishments.
Physical Offences
Physical sexual offences such as molestation and rape carry severe penalties under Singapore’s Penal Code. These crimes involve more egregious forms of sexual harassment, where physical contact or force is used.
Section 354 of the Penal Code addresses the offence of outrage of modesty, commonly applied in molestation cases. Anyone found guilty of using force to violate another person’s modesty can face up to 3 years in prison, a fine, caning, or a combination of these penalties.
For more serious offences like rape, Sections 375 and 376 of the Penal Code outline harsh sentences. A perpetrator convicted of rape can be sentenced to up to 20 years in prison, along with fines and caning. Both men and women are protected under these laws.
When sexual harassment escalates to a physical level, it is considered a grave offence under Singapore sexual harassment laws. Offenders face long-term imprisonment and other severe punishments as part of the legal system’s commitment to protecting victims.
Unlawful Stalking
Unlawful stalking is a form of harassment where the victim is repeatedly followed, monitored, or contacted against their will. This behaviour is criminalised under Section 7 of the POHA.
Stalking can take many forms, including:
- Following the victim or someone related to the victim.
- Attempting to communicate with the victim despite being asked to stop.
- Loitering near the victim’s residence or workplace.
- Sending unwanted materials, such as flowers or notes, to the victim.
- Repeatedly keeping the victim under surveillance.
For example, if a person sends daily suggestive emails to a colleague, or continually sends flowers despite being told to stop, this would be considered stalking. Similarly, circulating revealing photographs of someone without their consent would also be seen as unlawful stalking.
If convicted of stalking, offenders can face up to 12 months in prison, a fine of up to S$5,000, or both. Victims may also apply for a restraining order to prevent further contact with the offender.
Obtaining Protection Orders
Victims of sexual harassment in Singapore can apply for a Protection Order (PO) under the Protection from Harassment Act (POHA). A PO is designed to prevent further harassment by prohibiting the offender from continuing the wrongful behaviour.
To apply for a PO, the victim must file an application with the Court and present evidence showing that they have been harassed. The offences for which a Protection Order can be issued include:
- Section 3: Intentionally causing harassment, alarm, or distress.
- Section 4: Behaviour likely to cause harassment, alarm, or distress.
- Section 5: Actions intended to provoke fear of violence.
- Section 6: Threatening, abusing, or insulting a public servant or public service worker.
- Section 7: Unlawful stalking.
Once a PO is granted, the wrongdoer can be prohibited from continuing the harassment or publishing harmful content about the victim. In some cases, the Court may refer both parties to counselling or mediation to resolve the situation.
Obtaining Compensation For Criminal Offences
Victims of sexual harassment can also seek financial compensation through Singapore’s criminal justice system. Under Section 359 of the Criminal Procedure Code (CPC), Courts can order convicted offenders to pay monetary compensation to the victim.
The Court is required to consider compensation for the victim when convicting an offender. This compensation can cover expenses such as medical bills, lost income, or the emotional distress caused by the harassment.
These orders are particularly useful for victims who may not have the financial means to start a civil lawsuit.
However, compensation orders under the CPC are not commonly issued for sexual harassment cases, such as molestation. In practice, they are more often given for cases involving hurt, theft, or mischief.
Civil Claims
In addition to criminal proceedings, victims of sexual harassment can file a civil lawsuit to claim damages. Under Section 11 of the POHA, victims can sue the perpetrator for the following offences:
- Section 3: Intentionally causing harassment, alarm, or distress.
- Section 4: Behaviour likely to cause harassment, alarm, or distress.
- Section 5: Provoking fear of violence.
- Section 7: Unlawful stalking.
A civil claim differs from criminal charges in that the burden of proof is lower. In criminal cases, the prosecution must prove the offence beyond a reasonable doubt. In civil cases, the standard is based on the balance of probabilities.
Through civil claims, victims can seek compensation for emotional distress, mental trauma, and other damages caused by the harassment. This gives victims another avenue to pursue justice beyond the criminal process.
What Can I Do If I’m A Victim Of Sexual Harassment?
Firstly, it’s important to acknowledge the nature of the act and how it made you feel – sexual harassment is never the fault of the victim. There are extensive resources available online to help empower you to find justice, including AWARE’s sexual assault care centre. In the meantime, try to gather any evidence you can before it’s lost, such as text messages or social media posts by the perpetrator.
Even if you’re not sure whether you want to press charges, it’s important to seek advice from an experienced lawyer who can set out your legal options and offer guidance based on your circumstances. The incident should also be reported to the police as soon as possible so they have a record of what happened. You can alternatively make a criminal complaint in the State Courts or sue the offender for compensation, in which case it’s best to contact a law firm in Singapore.
Conclusion About Sexual Harassment In Singapore Law
Not sure if you are a victim sexual harassment? Looking for help but don’t know what to do?
It’s important for everyone to be aware of the legal protections available and take preventive measures to create safer environments for all. Increased awareness and understanding of Singapore sexual harassment laws can contribute to building a community where such behaviours are not tolerated.
Consider Tembusu Law, one of the top criminal law firms in Singapore, for trusted and reliable advice. As some of the best Criminal Lawyers in Singapore, we are experienced in representing individuals and corporate entities in a wide range of criminal matters. For issues involving family law or divorce, consulting a divorce lawyer in Singapore might also be necessary.
Get in touch with our lawyers online or call our 24-hour hotline on +65 8886 0278.
Frequently Asked Questions About Sexual Harassment In Singapore Law
Are Victims Of Sexual Harassment In Singapore Entitled To Anonymity When Filing A Report?
Yes, victims can request anonymity during investigations to protect their identity, especially in sensitive cases involving sexual harassment. However, there may be situations where certain details must be disclosed during legal proceedings.
Where Can I Report Sexual Harassment If It Occurs In The Workplace?
Workplace sexual harassment can be reported to your employer or the Ministry of Manpower. You may also file a police report if the harassment involves a criminal offence under the Protection from Harassment Act (POHA).
Is Workplace Sexual Harassment A Criminal Offence In Singapore?
Yes, workplace sexual harassment can be considered a criminal offence under Singapore law, especially if it involves physical acts or threats. Non-physical harassment, such as verbal abuse, is also punishable under the POHA.
When Can A Protection Order (PO) Be Issued In Cases Of Sexual Harassment In Singapore?
A Protection Order can be issued when the Court is satisfied that the victim has experienced or is likely to experience harassment, alarm, or distress. It can prohibit the harasser from continuing the behaviour or making further contact.
