Penal Code 1871 - 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. [15/2019]

(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. [15/2019]

(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).

[15/2019]

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