Sex with a minor below 16

The legal age of sexual consent Singapore is 16 years. Sex with a minor below 16, regardless of whether the act was consensual or not, is illegal and a punishable offence pursuant to Section 376A of the Penal Code. Minors of both genders are covered within this provision.

Sexual penetration of minor under 16

376A.—(1) Any person (A) who —

(a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B);

(b) sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of a person under 16 years of age (B);

(c) causes a man under 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

(d) causes a person under 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B, with or without B’s consent, shall be guilty of an offence.

(2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

What if I did not know she is under 16 years of age?

With regards to the commonly cited defence of mistaken belief or in layman terms “I did not know she was below 16!” Section 377D of the Penal Code clearly states that:

If the offender is above the age of 21, he cannot claim that he mistakenly believed the minor was nit underage as a defence.

If the offender is below the age of 21, he may claim that he mistakenly believed the minor was not underage as a defence, but only if the minor was of the opposite sex, and if the offender has not previously committed any similar sexual offences before.

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

=References=
 * Penal Code, Singapore Statutes Online:.