Penal Code - Singapore Statutes Online

Meaning of exploitative relationship

377CA.—(1) For the purposes of sections 375, 376, 376A, 376AA, 376EA, 376EC, 376EE, 377BL and 377D, whether an accused person’s relationship with a person below 18 years of age (called in this section a minor) is exploitative of the minor is to be determined by the court in the circumstances of each case and the court must have regard to the following in making such determination:

(a)	the age of the minor;
(b)	the difference between the age of the accused person and the minor;
(c)	the nature of the relationship;
(d)	the degree of control or influence exercised by the accused person over the minor.

(2) For the purposes of subsection (1) and subject to subsection (3), it is presumed until the contrary is proved that an accused person’s relationship with a minor is exploitative where the relationship is any of the following:

(a)	the accused person is the parent, step-parent, guardian or foster parent of the minor;
(b)	the accused person is the de facto partner of the parent, guardian or foster parent of the minor;
(c)	the accused person is a member of the teaching or management staff of the school or educational institution at which the minor is a student;
(d)	the accused person has an established personal relationship with the minor in connection with the provision of religious, sporting, musical or other instruction to the minor;
(e)	the accused person is a custodial officer of an institution in which the minor is detained;
(f)	the accused person is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the minor is a patient of the accused person;
(g)	the accused person is an advocate and solicitor or a counsellor and the minor is a client of the accused person.

(3) The presumption in subsection (2) does not apply to a person who is lawfully married to a minor even though the relationship may fall within any of the relationships mentioned in subsection (2).

[Act 15 of 2019 wef 01/01/2020]

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