Penal Code, Section 375,
"Rape", as amended Feb 2008:
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.
(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)
(i) voluntarily causes hurt to the
woman or to any other person; or
(ii) puts her in fear of death or
hurt to herself or any other person; or
(b) commits an offence under subsection
(1) with a woman under 14 years of age without her consent,
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.
(4) No man shall be guilty of an offence
under subsection (1) against his wife, who is not under 13 years of age,
except where at the time of the offence
(a) his wife was living apart from him
(i) under an interim judgment of
divorce not made final or a decree nisi for divorce not made absolute;
(ii) under an interim judgment of
nullity not made final or a decree nisi for nullity not made absolute;
(iii) under a judgment or decree of
judicial separation; or
(iv) under a written separation
agreement;
(b) his wife was living apart from him
and proceedings have been commenced for divorce, nullity or judicial
separation, and such proceedings have not been terminated or concluded;
(c) there was in force a court
injunction to the effect of restraining him from having sexual
intercourse with his wife;
(d) there was in force a protection
order under section 65 or an expedited order under section 66 of the
Women’s Charter (Cap. 353) made against him for the benefit of his
wife; or
(e) his wife was living apart from him
and proceedings have been commenced for the protection order or
expedited order referred to in paragraph (d), and such proceedings have
not been terminated or concluded.
(5) Notwithstanding subsection (4), no
man shall be guilty of an offence under subsection (1)(b) for an act of
penetration against his wife with her consent.
* * * * *
Penal Code, Section 376, "Sexual
assault by penetration" as amended in Feb 2008:
376. (1) Any man (A) who
(a) penetrates, with A’s penis, the
anus or mouth of another person (B); or
(b) causes another man (B) to
penetrate, with B’s penis, the anus or mouth of A,
shall be guilty of an offence if B did
not consent to the penetration.
(2) Any person (A) who
(a) 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 another person (B);
(b) causes a man (B) to penetrate, with
B’s penis, the vagina, anus or mouth, as the case may be, of another
person (C); or
(c) causes another person (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,
shall be guilty of an offence if B did
not consent to the penetration.
(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; or
(b) commits an offence under subsection
(1) or (2) against a person (B) who is under 14 years of age,
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.
* * * * *
Penal Code, Section 376A, "Sexual
penetration of a minor under 16" as enacted in Feb 2008:
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.
(3) Whoever commits an offence under this
section against a person (B) who is under 14 years of age 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) No person shall be guilty of an
offence under this section for an act of penetration against his or her
spouse with the consent of that spouse.
(5) No man shall be guilty of an offence
under subsection (1)(a) for penetrating with his penis the vagina of his
wife without her consent, if his wife is not under 13 years of age, except
where at the time of the offence
(a) his wife was living apart from him
(i) under an interim judgment of
divorce not made final or a decree nisi for divorce not made absolute;
(ii) under an interim judgment of
nullity not made final or a decree nisi for nullity not made absolute;
(iii) under a judgment or decree of
judicial separation; or
(iv) under a written separation
agreement;
(b) his wife was living apart from him
and proceedings have been commenced for divorce, nullity or judicial
separation, and such proceedings have not been terminated or concluded;
(c) there was in force a court
injunction to the effect of restraining him from having sexual
intercourse with his wife;
(d) there was in force a protection
order under section 65 or an expedited order under section 66 of the
Women’s Charter (Cap. 353) made against him for the benefit of his
wife; or
(e) his wife was living apart from him
and proceedings have been commenced for the protection order or
expedited order referred to in paragraph (d), and such proceedings have
not been terminated or concluded.
* * * * *
Penal Code, Section 377,
"Unnatural sex", repealed in Feb 2008:
377 - Whoever has carnal intercourse
against the order of nature with any man, woman or animal, shall be
punished with imprisonment for life, or with imprisonment for a term which
may extend to 10 years, and shall also be liable to fine.
Explanation: Penetration is sufficient to
constitute the carnal intercourse necessary to the offence described in
this section.
* * * * *
Penal Code, Section 377A,
"Outrages on decency":
377A - Any male person who, in public or
private, commits, or abets the commission of, or procures or attempts to
procure the commission by any male person of, any act of gross indecency
with another male person, shall be punished with imprisonment for a term
which may extend to 2 years.
* * * * *
Children and Young Persons Act,
Section 7, "Sexual exploitation of child or young person":
7. Any person who, in public or private
(a) commits or abets the commission of
or procures or attempts to procure the commission by any person of any
obscene or indecent act with any child or young person; or
(b) procures or attempts to procure the
commission of any obscene or indecent act by any child or young person,
shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $5,000 or to
imprisonment for a term not exceeding 2 years or to both and, in the case
of a second or subsequent conviction, to a fine not exceeding $10,000 or
to imprisonment for a term not exceeding 4 years or to both. 
|
| Foreword by Yawning Bread
The article Female teacher admits to sex with boy aged 15
mentions a number of laws relevant of cases of adults having sex
with minors. It can get pretty confusing.
Here they are, for easy
reference.
|
|