Section 375 of the Penal Code (Singapore)

Section 375 of the Singapore Penal Code falls under the category of sexual offences and criminalises rape.

Sexual offences

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.

(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.

(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]

=See also=
 * Rape of males in Singapore
 * Section 377A of the Penal Code (Singapore)

=References=
 * Section 375, Singapore Statutes Online.

=Acknowledgements=

This article was written by Roy Tan.