Between 2017 to 2019, a total of 6,988 reports of sexual assault were made in Singapore. According to The Straits Times, the number of reported rape cases has jumped 75 per cent in the past 5 years, due to greater awareness and willingness to report it.
It’s important to recognise that Singapore’s age of consent plays a significant role in defining sexual crimes, particularly those involving minors. Both men and women can be victims of these offences, and a vast majority of victims know their perpetrator.
While laws may differ from country to country, Singapore has clear legal definitions for sexual crimes, which aim to protect individuals, especially minors, from harm.
Note: Other behaviours not covered below – like unwanted flirting,, stalking, or sexually explicit messages – do not constitute sexual crimes but may fall under the realm of sexual harassment
What Is The Legal Age Of Consent In Singapore?
The legal age of consent in Singapore is 16 years old. This means that it is illegal to have any form of sexual relations (whether vaginal, oral, or anal) with a person below the age of 16. This is outlined in Section 376A of the Singapore Penal Code.
The law applies regardless of the gender of the parties involved. It is important to note that even if the minor gives consent, engaging in sexual activities with someone below 16 years old is still a criminal offence.
The penalties for sexual relations with a minor depend on the age of the minor involved:
- If the minor is between 14 and 16 years old, the offender can be sentenced to up to 10 years in jail and may also be fined or caned. If the offender was in an exploitative relationship with the minor, the jail term can extend to 20 years.
- If the minor is under 14 years old, the offender may face up to 20 years in prison, along with fines or caning. For cases involving opposite-sex partners where the girl is under 14, the offender could be charged with rape.
- If the minor is between 16 and 18 years old, the offender may also be charged if they were in an exploitative relationship with the minor.
The law aims to protect young people from sexual exploitation and abuse. Even when both parties are minors, the law still applies, though the prosecution has discretion in deciding whether or not to press charges.
I Didn’t Know That My Partner Was A Minor, What Should I Do?
If you have unknowingly engaged in sexual activity with a minor, it’s important to understand that ignorance of your partner’s age is not a valid legal defence. Section 377D of the Penal Code explicitly states that being mistaken about your partner’s age does not excuse you from being charged with a sexual offence.
There is one exception when the minor is between 16 and 18 years old, and the offence involves an exploitative relationship. In this case, you may have a defence if:
- You reasonably believed that your partner was 18 years old or older.
- You have no prior charges for similar sexual offences.
- You took all reasonable steps to confirm your partner’s age.
However, if your partner is under 16 years old, no such defence applies, and you could face serious legal consequences.
Several sexual crimes in Singapore are directly linked to the age of consent, and it’s crucial to understand these offences:
Rape
Rape is legally defined in Section 375 of the Penal Code as when a man uses his penis to penetrate the vagina, anus, or mouth of another person without their consent. This includes situations where the victim is under the age of 14, even if they had given their consent. In these cases, it is considered statutory rape.
As of January 2020, rape laws in Singapore were expanded to cover male victims as well. A man can be found guilty of rape if he engages in non-consensual vaginal, oral, or anal sex with:
- Any woman without her consent, or
- Any person (male or female) under 14 years old, regardless of consent.
Additionally, the act of stealthing – the secret removal of a condom during intercourse – is considered non-consensual penetration, as it violates the agreement made by both parties.
For cases involving individuals between 14 and 16 years old, a man can only be found guilty of rape if the sexual act was non-consensual. If the sex was consensual, he can still be charged for engaging in sexual activity with a minor, which is a separate offence.
Although only men can be charged with rape due to its legal definition, women who commit similar acts of non-consensual penetration may be charged under Section 376 of the Penal Code for sexual assault involving penetration.
This carries the same penalties as rape, with imprisonment for up to 20 years, and may include fines or caning.
If the victim was under 14 years old and the offender used force or fear to facilitate the offence, the punishment increases, with imprisonment ranging from 8 to 20 years, and at least 12 strokes of caning.
Marital Rape
As of 1 January 2020, marital rape is recognised as a criminal offence in Singapore. This means that a man can be charged with rape if he forces his wife to have sex without her consent. Prior to this change, marital rape was not recognised under Singapore law, as marriage was seen to imply consent for sexual relations.
The law now protects women within marriage, giving them the right to refuse sex without fear of being forced.
However, according to Section 375 of the Penal Code, a man will not be guilty of rape if the act of penetration was consensual between him and his wife.
This section specifies that 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. This clause ensures that consensual sexual relations within marriage are not considered criminal.
When it comes to age of consent, if either party in a marriage is under 16 years old, the legal protections related to age of consent still apply.
A marriage does not make it lawful to engage in sexual activity with a person under 16. This means that even within marriage, sexual relations with a minor under 16 are considered statutory rape or sexual assault, and the offender can be charged accordingly.
Sexual Assault Involving Penetration
Sexual assault involving penetration is a serious offence in Singapore, distinct from rape but carrying similarly heavy penalties.
Unlike rape, which specifically involves a man using his penis to penetrate another person, sexual assault involving penetration applies to both male and female offenders. Under Section 376 of the Penal Code, anyone can be charged if they:
- Use a part of their body (such as fingers) or an object to penetrate another person’s vagina or anus without their consent.
- Cause a man to penetrate their vagina, anus, or mouth without his consent.
The law also applies if the person being penetrated is under 14 years old, regardless of whether they gave consent. This means that minors cannot legally give consent for any form of sexual penetration, and anyone involved in such acts can be charged.
The penalties for sexual assault involving penetration are severe. Offenders may face up to 20 years in prison, and additional punishments like fines or caning may also be applied.
While the law recognises that women cannot technically commit rape as defined under Section 375, women can still be convicted of sexual assault involving penetration if they use any part of their body or an object to penetrate someone else without consent.
Having Sex In Exploitative Relationships
Under Singaporean law, having sex in an exploitative relationship is considered a criminal offence, particularly when it involves individuals aged 16 to 18. While 16 is the legal age of consent in Singapore, there are additional protections for young people in this age group who may be vulnerable to exploitation.
According to Section 376AA of the Penal Code, any individual in a relationship that is exploitative of a person aged 16 to 18 can be charged with a criminal offence. This applies to various forms of sexual activity, including:
- Penetration of the vagina, anus, or mouth using the penis.
- Sexual penetration using any other body part or object.
- Causing the victim to penetrate another person.
In such cases, it is important to note that consent is not a valid defence, meaning the prosecution does not need to prove whether or not the minor consented to the sexual activity.
This law ensures that young people are protected from relationships where they may be coerced or manipulated into sexual acts by those in a position of power or authority. The penalties for this offence can include up to 15 years in prison, along with fines or caning.
An exploitative relationship often involves an imbalance of power, where one person exerts influence over the other, such as a teacher, coach, or employer. This law is designed to prevent such individuals from taking advantage of minors.
Sexting In Singapore
Sexting, or the sending of sexually explicit messages, photos, or videos, in Singapore can be illegal if one of the individuals involved is a minor under the age of 16.
Even if consent is given, sending or receiving such content with a minor can result in criminal charges under Section 7 of the Children and Young Persons Act or Section 376E of the Penal Code.
Under Section 377BD of the Penal Code, it is also a crime to possess or access intimate images or recordings of another person without their consent.
This applies even if the person in possession did not physically take the image but controls access to it through electronic means. Possession of these images, especially if the person depicted is under 14 years old, can result in up to two years of imprisonment, fines, or caning.
If the possession of these images is found to have caused or is likely to cause humiliation, alarm, or distress to the individual depicted, this also constitutes a criminal offence. Singapore takes sexting offences involving minors seriously, and penalties are severe to prevent the exploitation and harm of young persons.
While sexting is becoming more common, it is crucial to understand the legal risks involved, especially when minors are involved. Always ensure that the content being shared is consensual and that both parties are of legal age to avoid potential legal consequences.
Sexting Laws In Singapore
Sexting laws in Singapore are designed to protect individuals, especially minors, from being exposed to sexually explicit material. If one party is under 16 years old, engaging in sexting can lead to criminal charges under Singapore’s laws aimed at protecting children and young people.
While the term “sexting” is not explicitly defined in Singaporean law, sending or receiving explicit content from a minor can fall under the scope of laws protecting minors from sexual exploitation.
For instance, sending sexually suggestive messages to a person under 16 may result in charges under the Children and Young Persons Act or Section 376E of the Penal Code. Penalties may include imprisonment, fines, or caning, depending on the severity of the offence.
It’s crucial to understand that sexting laws in Singapore are strict, and anyone engaging in such behaviour with a minor can face serious legal consequences, even if both parties consent to the exchange.
Is Sexting Legal Or Illegal In Singapore?
In Singapore, sexting is illegal if it involves minors under the age of 16. This applies to both the sender and the receiver.
Even if a minor consents to sending or receiving sexually explicit messages or images, the law still considers this a criminal offence. Consent from a minor does not excuse an individual from being charged under Singapore’s laws.
For individuals over the age of 16, sexting between consenting adults is not explicitly illegal, but caution should still be exercised, particularly when it involves sharing explicit content without consent or coercing someone into sending such material.
The implications for minors involved in sexting are severe, as both the sender and the receiver can be charged.
In cases where explicit images are shared without consent, or the images are further distributed, additional charges related to the distribution of obscene material may apply, leading to even more severe penalties.
Commercial Sex With Minors
Commercial sex, or paying for sex, with a person under 18 years old is illegal in Singapore under Section 376B of the Penal Code. It is a serious offence for anyone to engage in or solicit sexual services from a minor. The law is strict to protect minors from exploitation and abuse in commercial sex activities.
If found guilty of obtaining sexual services from a minor under 18, an offender can face imprisonment for up to 7 years, a fine, or both. This applies whether the offence occurs within Singapore or abroad.
Under Section 376C of the Penal Code, Singapore citizens and Permanent Residents can also be prosecuted for engaging in commercial sex with minors outside of Singapore. This ensures that individuals cannot escape legal consequences by travelling abroad for such activities.
Additionally, under Section 376EB, it is illegal for a person aged 18 or above to communicate sexually with someone under 16 with the intent of obtaining sexual gratification or causing humiliation, alarm, or distress.
This includes sexting or any other form of inappropriate sexual communication with a minor. Offenders can face up to 2 years in jail, a fine, or both.
Penalties for organising or facilitating travel arrangements for commercial sex with a minor outside Singapore can also lead to imprisonment for up to 10 years, fines, or both, under Section 376D.
Sexual Grooming
Sexual grooming occurs when an adult, aged 18 or above, establishes a relationship with a person under 16 years old, intending to engage in sexual activity.
Under Section 376E of the Penal Code, it is an offence for an adult to meet or communicate with a minor on at least one occasion and then arrange a meeting with the intent to commit a sexual offence.
The law defines grooming broadly, covering both in-person meetings and online communication. Whether the interaction took place in Singapore or abroad does not matter.
If the offender meets or plans to meet the minor with the intent to perform a sexual act, they can be charged, regardless of whether the minor consented or responded positively to the communication.
A person found guilty of sexual grooming faces penalties that vary depending on the age of the victim:
- If the victim is under 14, and the offender did not reasonably believe the minor was older, the punishment can extend to 4 years in prison, a fine, or both.
- For victims between 14 and 16 years old, the penalty can be up to 3 years in prison, a fine, or both.
Exploitative Sexual Grooming Of Minors Aged 16 To 18
Singapore law also protects older minors from sexual exploitation. Under Section 376EA of the Penal Code, it is a crime for an adult in an exploitative relationship with a minor aged 16 to 18 to groom them with the intent of committing a sexual offence.
This law recognises that even though 16 is the legal age of consent, some relationships can still be abusive or coercive.
An exploitative relationship typically involves an imbalance of power, such as between a teacher and student, coach and trainee, or employer and employee. If an offender meets or communicates with a minor and intends to exploit them sexually, they can be charged under this section.
If convicted, the offender can face up to 3 years in prison, a fine, or both.
Molest
Molestation, also referred to as outrage of modesty, involves the touching of another person without their consent. Section 354 of the Penal Code does not explicitly define what “modesty” means, but examples include grabbing or lightly tapping someone’s buttocks, massaging of the groin area, or touching a woman’s thighs and breasts without consent
The victim’s gender does not matter, and both men and women can be found guilty of molestation or outrage of modesty.
Voyeurism
Covered under Section 377BB of the Penal Code, voyeurism is defined as the observing or recording of another person’s private act without their knowledge or consent.
Examples include:
- Upskirt photos
- Recording someone taking a shower without their knowledge
- Using equipment like binoculars or a camera to enable you to observe someone undergoing a private act
- Recording in image or video of a person’s private parts without the knowledge or consent
- Installing equipment that would allow you to observe a victim in a private act
Voyeurism is a sexual offence under Singapore law that does not take into account the gender of the victim, which means that both men and women can be found guilty of voyeurism.
Punishments For Sexual Offences In Singapore
Sexual offences involving minors are treated with utmost seriousness in Singapore, with penalties that vary depending on the age of the victim and the nature of the crime.
- Sexual Intercourse with a Minor Under 16 (Section 376A): Engaging in sexual activity with a minor under 16 is punishable by up to 10 years in prison, a fine, or both. If the minor is under 14, the punishment increases to up to 20 years in prison, with the possibility of fines and caning.
- Commercial Sex with a Minor (Section 376B): Paying for sexual services from a minor under 18 can lead to up to 7 years in prison, fines, or both. This applies whether the offence occurs within or outside Singapore, as outlined in Section 376C.
- Sexual Grooming (Section 376E): Any person aged 21 or older who communicates with a minor under 16 with the intent of committing a sexual offence can be sentenced to up to 3 years in prison, fined, or both.
- Sexting with Minors: Sexting involving a minor under 16 can result in criminal charges under the Children and Young Persons Act or Section 376E of the Penal Code. Penalties include imprisonment and fines, depending on the severity of the case.
Other sexual offences, such as rape, sexual assault involving penetration, and extortion with sexual content, carry varying degrees of punishment depending on the circumstances.
In some cases, offenders can face up to 20 years in prison, fines, and caning. The law is designed to provide strong deterrence against sexual crimes and ensure the protection of minors.
What Are The Protection For Children And Young Persons?
In Singapore, legal protections for children and young persons under the age of consent are robust, covering a wide range of offences to safeguard their welfare. These protections are designed to prevent abuse, exploitation, and neglect, ensuring that minors are shielded from harm in both public and private settings.
Children And Young Persons Act (CYPA)
The Children and Young Persons Act (CYPA) is a critical law in Singapore that aims to protect minors from harm, neglect, and exploitation. The act distinguishes between two categories:
- A “child” is defined as a person below 14 years of age.
- A “young person” refers to individuals aged between 14 and 16 or, in some cases, up to 18 years old, depending on the offence in question.
Section 8 of the CYPA specifically criminalises the sexual exploitation of minors. Under this section, any person who commits or abets the commission of an obscene or indecent act with a child or young person can be charged.
This includes activities such as sending sexually explicit messages or attempting to procure sexual favours. The law applies to both public and private settings, ensuring that minors are protected in all environments.
If the offence involves a child (below 16 years old), the penalties are severe, with offenders facing fines of up to S$10,000 and/or imprisonment of up to 7 years.
For offences involving young persons aged 16 to 18, the penalties include fines of up to S$10,000 and/or imprisonment of up to 5 years. Repeat offenders can expect harsher punishments.
In cases where the minor is between 16 and 18 years old, the offence must also involve the offender being in an exploitative relationship with the minor.
Factors such as the age difference, the nature of the relationship, and the degree of control the offender holds over the minor are considered to determine if the relationship is exploitative.
The law presumes a relationship is exploitative if the offender holds a position of authority, such as being a parent, step-parent, teacher, or guardian of the minor.
Section 376E Of The Penal Code
Section 376E of the Penal Code addresses the sexual grooming of minors under the age of 16. This section serves as an additional layer of protection for children by criminalising attempts by adults to manipulate minors into sexual activity.
Under Section 376E, it is an offence for a person aged 18 or older to meet or communicate with a minor under 16 with the intention of committing a sexual offence. The law applies if the adult has met or communicated with the minor on at least one previous occasion, whether in person or online.
The offence occurs when:
- The adult arranges a meeting with the minor, or the minor travels to meet the adult based on the adult’s initiation or agreement.
- At the time of the meeting, the adult intends to commit a sexual act or any related offence.
It is important to note that Section 376E covers a wide range of “relevant offences” related to sexual exploitation.
These include offences under the Penal Code, the Children and Young Persons Act (CYPA), and the Women’s Charter. Offences such as rape, sexual assault, and activities linked to prostitution fall under this category.
Key Provisions Of Section 376E
- Age of the Victim: The victim must be below 16 years of age. The offender cannot defend themselves by claiming ignorance of the victim’s age unless they can reasonably prove they believed the victim was 16 or older.
- Meeting or Communication: The law applies even if the communication or meeting has occurred only once before. Whether the interaction takes place in person or online (such as through text messages or social media) is immaterial.
- Intent to Commit a Sexual Offence: The adult must have the intent to commit a sexual act or another relevant offence during or after the meeting. This intent can be proven through evidence such as message trails or other forms of communication.
Sexual Communication And Grooming
Although Section 376E does not specifically reference “sexting,” any form of sexual communication can be used as evidence to prove the intent to commit a sexual offence.
For example, in the PP v Lee Seow Peng case, the court used explicit text messages sent via SMS and WhatsApp as evidence of the accused’s intention to engage in sexual activity with the minor.
This section provides strong legal protection for minors by recognising that grooming can occur not only through physical meetings but also through online communication.
It ensures that adults who prey on vulnerable minors through any form of communication can be held accountable, even if the sexual act has not yet occurred.
Offenders convicted under Section 376E can face significant penalties, including imprisonment, fines, or both. This law plays a crucial role in safeguarding minors from sexual exploitation and abuse.
I Have Been A Victim Of A Sexual Crime… Help!
Do not be afraid to speak up and seek help if you have been a victim of a sexual crime. First and foremost, report the incident to the police. More information is available from the Singapore Police Force on how to go about reporting a sexual crime. Women may seek additional support from AWARE’s Sexual Assault Care Centre.
Gather any evidence if possible, including material evidence from the scene of the crime, any text messages from the perpetrator, or other records of their illegal behaviour.
Even if what happened to you does not fall neatly under the above categories, but you felt you were coerced, intimidated, or cheated into conducting a sexual act, you can still seek legal recourse. If you have any questions, do not hesitate to contact us for further advice.
Conclusion About The Singapore’s Age Of Consent
Singapore’s age of consent laws are designed to protect minors from exploitation and abuse. With the legal age of consent set at 16, any sexual activity involving individuals under this age is considered illegal, regardless of consent.
Understanding and respecting these laws is crucial to safeguarding the well-being of minors. Ignorance is not a defence, and individuals found guilty of violating these laws face severe consequences, including imprisonment and fines.
If you have any concerns or questions about age of consent-related matters, it is always advisable to seek professional legal advice to ensure that your actions comply with Singapore’s laws.
If you need legal assistance, Tembusu Law is here to help. As one of the leading Criminal lawyers in Singapore, Tembusu Law provides expert legal representation for individuals and corporate entities accused of various offences, including those related to age of consent laws.
Our team of experienced Criminal Defence lawyers offers timely and dependable legal advice to safeguard your best interests.
Whether you are facing general, regulatory, or complex corporate crimes, we recognise the emotional and legal challenges involved. Our lawyers will guide you through every step of the process, from plea negotiations to mitigation pleas and Criminal trials.
Our team of experienced Criminal Defence lawyers is well-versed in handling a wide range of legal matters, ensuring that you receive the best possible defence and representation.
For professional legal advice or representation in criminal matters, contact Tembusu Law today.
Frequently Asked Questions About Singapore’s Age Of Consent
Is Sending Nudes A Crime?
Yes, sending nudes to a person under the age of 16 is considered a crime in Singapore. Under the law, any form of sexually explicit communication or material involving a minor is illegal, including sending nude photos.
Even if the minor consents to receiving the images, the sender can still face serious legal consequences, including charges under Singapore’s laws on sexual grooming and exploitation.
Can A Minor Under 16 Give Legal Consent For Sexual Activity In Singapore?
No, a minor under 16 cannot legally give consent for sexual activity in Singapore. The age of consent is strictly set at 16, and engaging in any sexual activity with a person below this age is considered statutory rape or sexual assault, regardless of whether the minor agreed to it.
When Can An Individual Legally Consent To Sexual Activity In Singapore?
An individual can legally consent to sexual activity in Singapore once they turn 16 years old. Before this age, any sexual activity involving the individual is considered illegal, even if the minor gives verbal or written consent.
Are There Higher Penalties For Repeat Offenders Of Age Of Consent Violations In Singapore?
Yes, repeat offenders of age of consent violations in Singapore can face higher penalties. While the exact punishment depends on the nature of the offence, repeat offenders may be subject to longer imprisonment terms, higher fines, or caning.
