Rape
375.—(1)  Any man who penetrates the vagina of a woman with his penis —
(a)without her consent; or
(b)with or without her consent, when she is under 14 years of age,
shall be guilty of an offence.
[51/2007]
(1A)  Any man (A) who penetrates, with A’s penis, the anus or mouth of another person (B) —
(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.
[Act 15 of 2019 wef 01/01/2020]
(2)  Subject to subsection (3), a man 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.
[51/2007]
(3)  Whoever —
(a)in order to commit or to facilitate the commission of an offence under subsection (1) or (1A) —
(i)voluntarily causes hurt to any person; or
(ii)puts a person in fear of death or hurt to that person or any other person;
(b)commits an offence under subsection (1) or (1A) against a person below 14 years of age without that person’s consent; or
(c)commits an offence under subsection (1) or (1A) 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 of not less than 12 strokes.
[Act 15 of 2019 wef 01/01/2020]
(4)  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.
[Act 15 of 2019 wef 01/01/2020]
(5)  Despite section 79, no man shall be guilty of an offence under subsection (1)(a) or (1A)(a) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person was done with consent.
[Act 15 of 2019 wef 01/01/2020]
(6)  No man shall be punished under subsection (3)(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.
[Act 15 of 2019 wef 01/01/2020]
[UK SOA 2003, s. 1; SPC 1985 Ed., s. 375 (repealed); SPC 1985 Ed., s. 376 (repealed); Indian PC 1860, s. 375; Malaysia PC 2006 Ed., s. 375]
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.
[Act 15 of 2019 wef 01/01/2020]
(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);
[Act 15 of 2019 wef 01/01/2020]
(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
[Act 15 of 2019 wef 01/01/2020]
(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.
[51/2007]
[Act 15 of 2019 wef 01/01/2020]
(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.
[51/2007]
(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;
[Act 15 of 2019 wef 01/01/2020]
(b)commits an offence under subsection (1) or (2) against a person below 14 years of age without that person’s consent; or
[Act 15 of 2019 wef 01/01/2020]
(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.
[Act 15 of 2019 wef 01/01/2020]
(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.
[Act 15 of 2019 wef 01/01/2020]
(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.
[51/2007]
[Act 15 of 2019 wef 01/01/2020]
[UK SOA 2003, ss. 2, 4; SPC 1985 Ed., s. 376(2) (repealed)]