Penal Code 1871 - Singapore Statutes Online

Sexual assault involving penetration

376.—(1) Any man (A) who causes another man (B) to penetrate with B’s penis, the anus or mouth of A —

(a)	without B’s consent; or
(b)	with or without B’s consent, when B is below 14 years of age,

shall be guilty of an offence.

[15/2019]

(2) Any person (A) who —

(a)	sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of another person (B);
(b)	causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or
(c)	causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) or anything else, the vagina or anus, as the case may be, of any person including A or B,

shall be guilty of an offence if B did not consent to the penetration or if B is below 14 years of age, whether B did or did not consent to the penetration.

[15/2019]

(3) Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(4) Whoever —

(a)

in order to commit or to facilitate the commission of an offence under subsection (1) or (2) —

(i)	voluntarily causes hurt to any person; or
(ii)	puts any person in fear of death or hurt to himself or any other person;

(b)

commits an offence under subsection (1) or (2) against a person below 14 years of age without that person’s consent; or

(c)

commits an offence under subsection (1) or (2) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person,

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.

[15/2019]

(5) No person shall be guilty of an offence under subsection (1) or (2) —

(a)	for an act of penetration against his or her spouse with the consent of that spouse; or
(b)	if despite section 79, that person proves that by reason of mistake of fact in good faith, the person believed that B mentioned in those subsections did consent to the penetration and B was not below 14 years of age. [15/2019]

(6) No man shall be punished under subsection (4)(b) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person below 14 years of age was done with consent.

[15/2019]

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