Yawning Bread. May 2007

A heftier list of s.377A cases

by Mohan Gopalan

 

  

 

 
Foreword by Yawning Bread

It is human nature to like to talk, blog, expound, pontificate, etc, but few set out to do research and collect data. Yet, unless we have data, all talk, blogging, etc, can't be worth very much. The people who motivate themselves to do the backbreaking work of collecting data are unsung heroes.

Mohan Gopalan didn't write any article for Yawning Bread. He merely sent me a table, but the amount of work behind that table is truly impressive. Thank you very much. It will be extremely useful far into the future.

Despite the work, the list may still not be 100% complete, since there are some discrepancies between it and the figures given by the Ministry of Home Affairs in response to a question by Nominated Member of Parliament Siew Kum Hong (May 2007):

Mr Siew Kum Hong: To ask the Deputy Prime Minister and Minister for Home Affairs, in each of the last ten years, (a) how many prosecutions and convictions have there been under section 377A of the Penal Code [1]; (b) how many of these prosecutions were police prosecutions; and (c) how many of these police prosecutions were the result of proactive police enforcement. 

Mr Wong Kan Seng: The statistics on the number of persons convicted under section 377A (Outrages on decency) of the Penal Code, between 1997 and 2006 is shown below. Prosecution statistics are not available. Police does not proactively enforce the provision. 

No. of persons convicted under section 377A:

1997 1998 1999 2000 2001
25 16 31 30 23
     
2002 2003 2004 2005 2006
25 11 13 4 7

 

Take 2005 for example. The ministry reported 4 convictions, but Mohan's table shows only one. Probably some convictions went unreported. 

Alternatively, as Mohan wondered, "Very often the same offender may face more than one charge for the same offence, and if that counts as more than one 'conviction', then MHA's numbers might naturally be quite far from mine.... Some offenders faced quite a few charges under 377A - Kelvin Lim and Philip Lim, for example, faced 5 charges each."

There was an earlier list of 377A cases on Yawning Bread, taken from a list compiled by Lynette Chua. See List of Section 377 and 377A cases. Mohan thought it under-reported the cases, but even after an exhaustive search, he still can't be sure that everything is in his table below.

It seems quite discouraging that after all the hype about a wired nation, and putting government online, the fact remains that it can still be very difficult finding reliable information.

I have edited Mohan's table slightly; the changes were mostly to layout, not to the information he provided.

See also Why Section 377A is redundant -- a discussion based on this table.

 

 
S/No. Case Year Partner (Age) Acts Notes Source
1 Kasirajan Silabalam 1979 N.A. N.A. Newspaper mentions one act, but reports that the sentence was three years. Newspaper could have gotten it wrong. 2 jailed for making another do sexual acts on them (ST, 16 August 1996) 30.
2 Lau Kim Soon 1988 Tan Teck Hua Fellatio and masturbation Consenting partner; public place. Lau: D.A.C. No. 12296 of 1988;
3 Tan Teck Hua 1988 Lau Kim Soon Fellatio and masturbation Consenting partner; public place. Tan: D.A.C. No. 12295 of 1988
4 Lim Hock Hin, Kelvin (see # 8, # 39) 1988 Boy (9-12) Unknown N.A. (See # 8)
5 Philip Tan 1991 N.A. N.A. Newspaper mentions 14 charges under section 377A but no details are offered. No mention of any male victim. Newspaper could have gotten it wrong. "We went all out to get him” (ST, 29 January 1994) 28.
6 Chew Thiam Huat 1992 Boy (13) Unknown Incident occurred in a public toilet. Man jailed for molesting woman at MRT station (ST, 3 May 1992) 16.
7 Amir Haron 1992 Man Unclear Incident occurred in a public place. Accused “tried to have oral sex” with partner. Not clear if this was consensual or not. Accused was arrested by a passing police officer. Cleaner tried to have oral sex with tipsy Thai worker (ST, 17 July 1992) 26.
8 Lim Hock Hin, Kelvin (see # 4, # 39) 1993 Boy (9) Unknown Accused was a tutor to the victim. Man jailed (ST, 9 September 1993) 22
9 Ganapathy Samugam 1993 Man (26) Touching Incident occurred in a public toilet. Handyman fondled supervisor (ST, 10 April 1993) 25.
10 Koh Tian Yew 1993 Man (19) Touching Incident occurred at a disco. Man on gross indecency charge (ST, 4 June 1993) 30.
11 Lim Chee Piow 1993 Two boys (10, 11) N.A. Accused, 18, pretended to be a policeman. The victims were educationally subnormal. Youth molested schoolboys (ST, 16 July 1993) 31.
12 Abdul Malik bin Othman (see # 13) 1993 Shit Siow Kiong (43) Receiving fellatio Consenting partners. Shit, 43, performed fellatio on Abdul, 27, at a public pool. Both were charged under section 377A. M.A. No. 429/93/01; 2 jailed for indecent act in pool (ST, 30 September 1993) 22.
13 Shit Siow Kiong (see # 12) 1993 Abdul Malik bin Othman (27) Giving fellatio Consenting partners. Shit, 43, performed fellatio on Abdul, 27, at a public pool. Both were charged under section 377A. M.A. No. 429/93/01; 2 jailed for indecent act in pool (ST, 30 September 1993) 22.
14 Lim Chin Lai and partner 1993 N.A. Masturbation Consenting partners. Lim masturbated partner in a public toilet. Lim was charged under section 377A; partner was charged for abetting a section 377A offence. MA 450/93/01.
15 Heng Soo Wang 1994 Man Perhaps none Charge was of attempting to commit a section 377A offence. Complainant was a policeman on an anti-gay operation. Sentencing put off so man can be home for new year (ST, 23 December 1993) 25.
16 Ng Lye 1994 Man (21) Touching Complainant was a policeman on an anti-gay operation. Case File (ST, 15 February 1994) 17.
17 Poh Kwee Teck 1994 Man Touching Incident occurred in a public toilet. Complainant was a policeman on an anti-gay operation. MA 207/94/01.
18 Teo Ah Ing (see # 19) 1994 Mok Chong Meng (35) Unclear Consenting partners. Teo, 34, and Mok, 35, were discovered by a security guard performing a sex act in a public toilet. Both were charged under section 377A. Two did indecent act in toilet (ST, 30 April 1994) 30.
19 Mok Chong Meng (see # 18) 1994 Teo Ah Ing (34) Unclear Consenting partners. Teo, 34, and Mok, 35, were discovered by a security guard performing a sex act in a public toilet. Both were charged under section 377A. Two did indecent act in toilet (ST, 30 April 1994) 30.
20 Robert Lim Chee Leong 1994 Boy (11) Touching Incident occurred in a public place. Plumber gets six months' jail for indecent act on boy (ST, 31 May 1994) 22.
21 Phang Choon Wah (see # 22) 1994 Yeoh Guan Khong (32) Fellatio (probably receiving) Consenting partners. Yeoh, 32, was performing oral sex on Phang, 26, in a public toilet when they were discovered by a security guard. Phang was charged with abetting a section 377A offence. Details about Yeoh are not available. Guard caught two men performing indecent act (ST, 1 June 1994) 25.
22 Yeoh Guan Khong (see # 21) 1994 Phang Choon Wah (26) Fellatio (probably giving) Consenting partners. Yeoh, 32, was performing oral sex on Phang, 26, in a public toilet when they were discovered by a security guard. Phang was charged with abetting a section 377A offence. Details about Yeoh are not available. Guard caught two men performing indecent act (ST, 1 June 1994) 25.
23 Tiah Bock Seng 1994 Man (21) Touching Incident occurred in a public toilet. Complainant was a policeman on an anti-gay operation. Convicted of gross indecency (ST, 19 June 1994) 26.
24 William Wee Lye Kang 1994 Boy (17) Touching Accused lured the victim into his flat with promises of a job. Man promised teen job, took him home and molested him (ST, 14 December 1994) 23.
25 Poon Yew Meng 1994 Two boys (13) Touching Incident occurred in a public toilet. Also charged under section 377 in a separate incident involving another 13 year-old boy. Ex-technician jailed for indecent acts on two boys (ST, 24 December 1994) 18.
26 Ng Huat 1995 Man (38) Touching Accused was radiographer attending to the complainant. [1995] 2 Sing. L.R. 783; Radiographer subjected man to X-rated examination (ST, 15 February 1995) 23; Radiographer's conviction upheld, but sentence cut (ST, 10 May 1995) 25; CJ on when accused can have access to appeal court (ST, 30 May 1995) 25.
27 Koh Chee Cheong 1995 Man (26) Fellatio Later extorted consenting partner, putting him in fear of injury and exposure as a homosexual. The charge was for causing a section 377A offence to be committed. Man made extortion bid after oral sex (ST, 26 October 1995) 44.
28 Low Chin Hwee 1995 Boy (13) Fellatio Accused invited victim into his office and performed fellatio on him. MA 107/95/01.
29 Teo Tong Lock 1995 Man Touching Accused was an SAF Captain. Victim was an SAF Third Sergeant who was in difficulty because his medical certificates issued by private doctors were not endorsed. Accused committed the acts inside a car, under the guise of assisting the victim and conducting a trial test for some training. MA 149/95/01.
30 Lee Huan Cheow 1996 Boy (14) Fellatio and touching Accused took the victim’s hand and led him into a public toilet cubicle where the acts were committed. MA 40/96/01.
31 Ashok Kan Chugani 1996 Man (24) Fellatio Accused stayed over at victim’s home after they had been out drinking, and allegedly performed oral sex on him after he fell asleep. Accused was subsequently acquitted. Man says that lawyer performed oral sex on him (ST, 7 February 1996) 27; Oral sex victim wanted $20,000 to settle matter (ST, 8 February 1996) 41; Lawyer admits he put arm around friend (ST, 9 February 1996) 49; Lawyer on oral sex charge acquitted (ST, 13 February 1996) 22.
32 William Asirvatham Roberts, (see # 33) 1996 Man (28) Fellatio and touching Victim, an Indonesian, was forced to perform fellatio. 2 jailed for making another do sexual acts on them (ST, 16 August 1996) 30.
33 Kasirajan Silabalam (see # 32) 1996 Man (28) Fellatio and touching Victim, an Indonesian, was forced to perform fellatio. 2 jailed for making another do sexual acts on them (ST, 16 August 1996) 30.
34 Sanusi Ahmad 1996 Two boys (10) Touching Accused was a former transvestite. More youths report they were molested (ST, 25 March 1997) 1.
35 Tan Keng Soon (see # 37) 1996 Two persons (age unknown) Abetting gross indecency (prostitution) Accused ran a vice den for male prostitutes. He was charged with abetting two male prostitutes in committing section 377A offences Pimp who arranged sex between men jailed for 3 months (ST, 25 September 1996) 38.
36 Patrick Lee Fatt Oon 1997 Man Abetment of gross indecency Lee had recruited a male prostitute for Tan Keng Soon (see below), who ran a den providing sexual services for men. Lee was charged with abetting the prostitute in committing section 377A offences. Man gets jail for running den with male prostitutes (ST, 29 July 1997) 32; Jailed three months for recruiting a male prostitute (ST, 10 October 1997) 58.
37 Tan Keng Soon (see # 35) 1997 Six men (23-28) Abetting gross indecency (prostitution) Charged with abetting six male prostitutes, aged between 23 and 28, in committing section 377A offences Man gets jail for running den with male prostitutes (ST, 29 July 1997) 32; Jailed three months for recruiting a male prostitute (ST, 10 October 1997) 58.
38 Gerard Then Thian Teck 1997 Three boys (14-16) Masturbation Accused was an athletics coach and tutor. Athletics coach molested boys who trained under him (ST, 28 October 1997) 2; 15 months' jail for sex-abuse coach (ST, 4 November 1997) 32.
39 Lim Hock Hin, Kelvin (see # 4, # 8) 1998 Five boys (8-12) Fellatio Also charged with having anal sex under Section 377. Accused received the longest ever sentence for sexual child abuse: 40 years’ imprisonment. [1998] 1 Sing. L.R. 801; Indecent act; Man to face charges of unnatural sex (ST, 5 June 1997) 40; Man abused boys sexually again 4 months after leaving jail (ST, 1 July 1997) 2; “Culprit looked decent and spoke well” (ST, 2 July 1997) 30; Molester who preyed on boys jailed 40 years (ST, 30 August 1997) 3; Scars will haunt victims (ST, 30 August 1997) 3; Sex offender’s appeal for shorter term turned down (ST, 4 November 1997) 32.
40 Siah Lin Fook 1998 Man (21) Touching Incident allegedly occurred in a public toilet. Accused was acquitted when the complainant, a policeman, fabricated evidence. Complainant claimed he was on an anti-gay operation. ITE examiner called to rebut indecency charge (ST, 10 April 1998) 42; ITE examiner acquitted of indecent act (ST, 19 April 1998) 23.
41 Chng Pheng Thye 1998 Man Touching Incident occurred at a public pool. Complainant was a policeman on an “anti-crime” operation (not clear if it was an anti-gay operation). MA 68/98/01.
42 Kunasegaran Retnamsamy 1998 Two boys (8) None The charge was of attempting to cause a section 377A offence to be committed. The accused offered two boys money if they performed fellatio on each other, but they refused. Also charged under section 354 for touching one of the boys. Jobless man molested boy and woman (ST, 14 June 1998) 27.
43 Gham Ah Suan 1998 Seven boys (9-12) Fellatio and touching Accused was a school bus driver who enticed the boys by screening cartoons and movies on his bus. Also charged under section 354. Alleged acts include fellatio and touching but which acts were brought under section 377A is not clear. This bus was used to lure schoolboys (ST, 18 August 1998) 27; Molest Cases (ST, 23 August 1998) 3.
44 Seow Chiu Hong 1999 National servicemen Unknown Victims were national servicemen. Incident occurred in an army camp the accused broke into. He breaks into army camp, molests man (ST, 10 January 1999) 25.
45 Tan Keng Soon (see # 35, # 37) 1999 Four men (16-23) Abetting gross indecency (prostitution) Charged with abetting four male prostitutes, aged between 16 and 23, in committing section 377A offences. Jail for man who ran den for male whores (ST, 8 May 1999) 40.
46 Peck Choong Heng 1999 Boys (teenagers) Unknown Accused coached the victims in athletics. Coach charged with unnatural sex (ST, 25 April 1999) 35; ‘Molest’ coach gets jail and cane (ST, 5 September 1999) 26.
47 Chung Yeon Wooi (see # 59) 1999 Boy (16) Unknown Accused met victim at a public pool. Sex fiend who fled S'pore nabbed in NZ (ST, 17 April 2004).
48 Foo Tse Shen (see # 49) 1999 Lim Kee Thiam (32) Receiving fellatio Consenting partners. Foo, 25, was in a pool when Lim, 32, tried to pull down his swimming trunks. Lim then licked Foo’s penis which was partly exposed. Lim was charged under section 377A, while Foo was charged with abetting Lim to commit a section 377A offence. Man abetted indecent act in public pool (ST, 12 October 1999) 37.
49 Lim Kee Thiam (see # 48) 1999 Foo Tse Shen (25) Giving fellatio Consenting partners. Foo, 25, was in a pool when Lim, 32, tried to pull down his swimming trunks. Lim then licked Foo’s penis which was partly exposed. Lim was charged under section 377A, while Foo was charged with abetting Lim to commit a section 377A offence. Man abetted indecent act in public pool (ST, 12 October 1999) 37.
50 Unknown Man (46) 2000 Boy (13-14) Unknown Victim was the accused’s son. Man jailed for molesting his son at home (ST, 19 April 2000) 50.
51 Mohamed Faizal Abdul Hamed (15) 2000 Boy (12) Fellatio Both accused and victim had been remanded at a boys’ home. Accused was 15. Also charged under section 377. Teen jailed for sex attacks in boys' home (ST, 29 July 2000) 4.
52 Angelo Ng Chek Kiang 2000 Man Fellatio Victim was a transvestite. Also charged with robbery. Youth jailed and caned for robbery (ST, 3 November 2000) 57.
53 Soh Chee Keong 2000 Boy (15) Fellatio Incident occurred at a hotel. Accused offered $50 to the victim as an incentive. MA 15/2000/01.
54 Ang Eng Sui 2001 National Serviceman Fellatio and masturbation Both accused and victim were national servicemen. Incident occurred on SAF premises. Also charged under the SAF Act. [2001] SGMCA 3.
55 Ng Tiat Seng 2001 Man (21) Touching Incident occurred in a Sentosa public toilet. MA 139/2000/01; School VP jailed for indecent act (ST, 7 June 2000) 3; Jail term for former school VP upheld (ST, 7 February 2001) H2.
56 Armstrong Desmond Ronald 2003 Boy (17) Fellatio, anal Boy was youth volunteer under the supervision of the accused, a youth worker. D.A.C. No. 35597 of 2002
57 Philip Lim Beng Cheok 2003 Five boys (13-15) Masturbation Accused was a tutor who received numerous glowing testimonials in court. The section 377A charges were for masturbating his victim, instigating the victim to masturbate him and telling a victim to masturbate another victim. Also charged under section 377. ">Accused was a tutor who received numerous glowing testimonials in court. The section 377A charges were for masturbating his victim, instigating the victim to masturbate him and telling a victim to masturbate another victim. Also charged under section 377. [2003] SGHC 54; 52-year-old man admits sexually abusing five boys (ST, 8 March 2003); 18 years for tutor who preyed on students (ST, 11 March 2003).
58 Paul Fernandez 2003 N.A. Unknown Incident occurred in a public place. The accused was let off with a warning. Should the police have told school about his offence? (ST, 5 February 2005); School on police alert: No bias against teacher (ST, 9 February 2005).
59 Chung Yeon Wooi (see # 47) 2004 Boy (14) Unknown Victim was a student of the accused, who taught martial arts. Victim had a low IQ. Also charged under section 354. Sex fiend who fled S'pore nabbed in NZ (ST, 17 April 2004).
60 Teh Yew Hock 2004 Man (55) Fellatio, extortion. While the victim was performing fellatio, the accused took pictures of him. The accused then demanded money from the victim after threatening to go to the police with the pictures. Man lured another into sex act, took photos, then threatened to report to police (ST, 1 September 2004).
61 Unknown Man (N) 2004 Boy (13-14) Touching and masturbation Accused was a boy scouts leader in a school, where the victim was a scout. Also charged under section 354. [2004] SGDC 52; Scout instructor accused of sex crimes (ST, 17 June 2003).
62 S Selvamsylvester 2005 Boy (8-9) Unknown Boy was the son of the accused’s girlfriend. Also charged under sections 354 and 377. [2005] 4 Sing. L.R. 409; Man, 50, admits sexually abusing lover's kids (ST, 8 March 2006); Jail for pervert who preyed on lover’s kids over 3 years (ST, 14 March 2006).
63 Mohamed Ibrahim Mohamed Hussain 2006 Boy (16) Unknown Accused was a religious leader. Also charged under sections 354 and 377. Religious teacher sexually abused teen (ST, 11 February 2006).
64 William Ding Chun Fong 2007 Two boys (14-17) Touching Accused was a teacher and water-polo teacher-adviser at the boys’ school. The section 377A charge was stood down. Charged under section 354 instead. Teacher at boys' school charged with molesting students (ST, 9 December 2005); Boy kept mum for 3 years after ‘body check’ (ST, 11 April 2006); Teen ‘resented being scolded by accused’ (ST, 12 April 2006); Witness tells why parents went to police (ST, 13 April 2006); Youth was confused by teacher’s back check-up (ST, 14 April 2006); Teacher accused of molestation (ST, 16 April 2006); Teacher was ‘warned’ in 2004 (ST, 18 April 2006); Student: I complained to principal (ST, 27 April 2006); Student shown blog to jog memory (ST, 11 May 2006); Defence refers to Friendster postings (ST, 26 May 2006); Witness breaks down in court (ST, 13 June 2006); Charges a pack of lies, says accused (ST, 3 August 2006); I shared boys' beds: Teacher (ST, 4 August 2006); Students have duped me before, says fellow teacher (ST, 30 November 2006); Trial wraps up after 80 days (ST, 14 December 2006); Teacher accused of molesting 3 girls (24 February 2007); Teacher convicted of molesting schoolboys (ST, 17 March 2007); Teacher jailed a year for molesting two schoolboys (ST, 13 April 2007).

 

 

Footnotes

  1. Section 377A of the Penal Code says, "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."
    Return to where you left off

  2. See also the article The good ol days of jail and caning for immorality. Many of those accused were charged under laws other than Section 377A of the Penal Code, and thus are not included in the table above. They were charged, for example, under Section 19 of the Miscellaneous Offences Act (soliciting for immoral purposes) or Section 354 of the Penal Code (outrage of modesty).

Addenda

None