Section 376 of the Penal Code (Singapore)

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.

[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.

(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.

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

=See also=

=References=
 * Section 376 of the Penal Code, Singapore Statutes Online.

=Acknowledgements=

This article was written by Roy Tan.