Legal Framework of Sexual Assault and Sexual Harassment in Singapore

Sexual assault and sexual harassment are deeply traumatic experiences that may lead to lifelong repercussions. In Singapore, the law takes such offences with utmost seriousness by imposing harsh penalties on offenders. If you or someone you know is unfortunately dealing with a similar situation, keep reading to understand when you might need a criminal lawyer to navigate these sensitive cases.

Sexual Assault and Rape in Singapore

Under Singapore’s Penal Code, there are clear legal definitions and severe penalties for sexual assault and rape. These two offences are covered by Section 375 and Section 376.

Rape: Section 375 of the Penal Code

Rape, as defined under Section 375, occurs when a man penetrates another person’s vagina, mouth, or anus with his penis, either without consent or if the victim is below the age of 14. The punishment is outlined in Section 375(2) of the Penal Code, prescribing that the offender may face up to 20 years’ imprisonment, along with caning or a fine. 

If the offender physically hurts or issues verbal threats before or while committing the offence, the person will be liable to at least 8 years imprisonment and a minimum of 12 strokes of the cane. 

Sexual Assault by Penetration: Section 376 of the Penal Code

Section 376 applies to cases of sexual assault involving penetration. This sexual assault law in Singapore addresses situations where the offender forces someone else to commit the offence on themselves or another person, again without consent or involving a victim under 14. Similar to rape, the penalties include up to 20 years in prison, caning, or a fine. 

These laws are in place to hold perpetrators of such heinous acts accountable.  If you are facing allegations of sexual assault in Singapore,  it is crucial to seek the services of a criminal defence lawyer immediately.

Definition of Sexual Assault in Singapore

In Singapore, sexual assault refers to any act of a sexual nature carried out without consent. It is not limited to penetration but includes a range of non-consensual behaviours that violate personal boundaries and autonomy. Examples include:

– Unwanted sexual touching or groping
– Forcing someone to perform sexual acts against their will
– Coercing sexual activity through threats, manipulation, or intimidation
– Recording or sharing intimate acts without consent
– Pressuring someone into sexual activity when they are unable to consent (e.g. due to intoxication or incapacity)

The law recognises these acts as serious offences, protecting victims and holding offenders accountable under the Penal Code.

Sexual Harrassment in Singapore

Sexual harassment is another serious offence governed by the local legislation. The Protection from Harassment Act (POHA) criminalises behaviour that causes harassment, alarm, or distress, with a specific focus on sexual harassment.

Definition and Scope of Sexual Harassment

Under the Protection from Harassment Act (POHA) in Singapore, sexual harassment is defined as any unwelcome sexual advance, request for sexual favors, or other acts of a sexual nature. The law encompasses a wide range of behaviors, including inappropriate comments and jokes. Whether these acts occur in person, online, or through other forms of communication, they are considered criminal under the POHA.

Types of Sexual Harassment

(i) Verbal Abuse and Harassment

This involves inappropriate remarks or sexually suggestive comments that can create a hostile environment. Such remarks can be made in person, over the phone, or even in written form (emails or text messages).

Examples: 

• Lewd jokes
• Explicit language
• Comments about someone’s body or appearance

(ii) Non-Verbal Harassment

This encompasses gestures or other non-verbal actions that make someone feel uncomfortable or threatened. It also includes conveying inappropriate intent and creating a toxic atmosphere. 

Examples: 

• Leering or staring
• Displaying sexually explicit images or objects
• Sending suggestive letters, notes or emails

(iii) Physical Harassment

Physical harassment encompasses any unwelcome physical contact. More severe cases may cover sexual assault or rape.

Examples:

• Touching
• Hugging
• Kissing
• Patting 

(iv) Cyber Sexual Harassment

Cyber sexual harassment has become more common with the rise of online platforms. In addition to any unwelcome sexual advances, this form of harassment also involves non-consensual sharing of intimate images, or ‘revenge porn’. 

Examples:

• Sending unwanted sexual comments via email, social media, or messaging apps
• Sending unsolicited explicit images or videos

(v) Workplace Sexual Harassment

Workplace sexual harassment is particularly concerning due to the power dynamics often at play. It often takes the form of inappropriate comments or physical contact between a supervisor and a subordinate. 

The Protection from Harassment Act (POHA) in Singapore enforces strict penalties for acts of harassment, including sexual harassment, to safeguard victims and maintain a respectful society.

(vi) Visual Harassment

Visual harassment involves actions such as displaying pornographic or sexually suggestive images in shared spaces, or sending explicit videos to someone without their consent.

These behaviors cause significant distress and humiliation for the recipient. By introducing such unwelcome and offensive content into a person’s environment, visual harassment creates a degrading and hostile atmosphere, which can have profound effects on the victim’s well-being and sense of safety.

(vii) Psychological Harassment

Psychological harassment in sexual contexts involves manipulative behaviors that exploit emotional vulnerabilities. Examples include gaslighting, which causes victims to doubt their reality, and emotional blackmail such as coercing victims into sexual acts by threatening to expose sensitive information or harm their relationships.

This form of harassment severely erodes the victim’s self-esteem and mental health, often leaving long-term psychological scars that can impact all areas of life, including personal relationships and professional performance.

Legal Consequences Under POHA for Sexual Assault

Under the Protection from Harassment Act (POHA), victims of sexual assault in Singapore can seek court-ordered remedies to protect themselves and pursue legal recourse:

1. Protection Orders

Victims can apply for Protection Orders (POs) to stop unwanted contact or harassment from the offender. In urgent cases, Expedited Protection Orders (EPOs) provide immediate temporary relief.

2. Monetary Compensation

Courts may award compensation to cover emotional trauma, reputational harm, or financial losses resulting from the assault.

3. Non-Publication Orders

If private information or images are unlawfully shared, victims can request a court order to prevent further dissemination and require the removal of online content.

4. Criminal Proceedings

Acts of sexual assault can also be prosecuted under the Penal Code. Depending on the severity, penalties may include imprisonment, caning, and fines.

Legal Consequences Under POHA for Sexual Harassment

The Protection from Harassment Act Singapore offers robust remedies to address sexual harassment in Singapore and safeguard victims’ rights:

1. Monetary Fines

Depending on severity, offenders may face fines of up to $5,000 for harassment-related offences.

2. Imprisonment

For serious or repeated cases, courts may impose imprisonment of up to 12 months, either in addition to or instead of a fine.

3. Protection Orders

Victims can obtain POs or EPOs, preventing offenders from contacting or approaching them. Breaching these orders is a criminal offence and may result in immediate arrest.

4. Non-Publication Orders

Where defamatory or false statements are made, victims can request a court order to remove or block access to offensive content online.

5. Community Orders

In suitable cases, courts may impose counselling or community service to rehabilitate offenders and reduce repeat incidents.

Remedies for Victims of Sexual Assault and Sexual Harassment in Singapore

Victims of sexual assault and sexual harassment in Singapore have access to various legal remedies to seek justice and compensation. These remedies are designed to address both the harm caused by the perpetrator and any false allegations made.

1. Criminal Prosecution

Victims can file a police report to initiate criminal proceedings against the perpetrator. Offences such as sexual assault and outrage of modesty are punishable under the Penal Code, with penalties including imprisonment, fines, and caning, depending on the severity of the offence.

2. Civil Claims for Damages

Under the Protection from Harassment Act (POHA), victims may file civil suits against the perpetrator for damages. If the court is satisfied that the perpetrator’s actions caused harm, it may award compensation that is just and equitable.

3. Protection Orders

Victims can apply for Protection Orders under POHA to prevent further harassment. These orders can prohibit the perpetrator from engaging in specific acts, such as contacting the victim or publishing offensive material.

4. Expedited Protection Orders

In urgent situations, victims can apply for Expedited Protection Orders, which provide immediate relief and are typically granted on the same day. These orders are temporary and serve as a stopgap until a full hearing can be conducted.

5. Non-Publication Orders

If false statements have been made about the victim, the court can issue Non-Publication Orders to prevent further dissemination of such information. This may include issuing correction notices or disabling access to online content.

Effects of Sexual Assault

The impact of sexual assault in Singapore can extend far beyond physical harm, often causing deep emotional, psychological, and social effects. Victims may experience:

– Anxiety, depression, or post-traumatic stress
– Fear of public spaces or social interactions
– Difficulty maintaining personal and professional relationships
– Long-term impacts on self-esteem and mental health

If you have experienced sexual assault or sexual harassment, you can reach out for support through AWARE’s Sexual Assault Care Centre or seek legal assistance to protect your rights.

Why You May Need a Criminal Lawyer

Whether you are facing allegations or have been a victim of sexual assault or harassment, securing legal representation is essential to safeguarding your rights. At Low Law Corporation, our experienced criminal lawyer  team in Singapore is well-equipped to guide you through the complex legal processes involved in such cases. On top of professional legal advice, we offer emotional support during what is often a stressful time. If you need assistance, please do not hesitate to contact us.

If you need assistance, please do not hesitate to contact us.

 

Frequently Asked Questions about Sexual Assault and Sexual Harassment

1. What counts as sexual assault in Singapore?

Any non-consensual sexual act, including unwanted touching, coercion, or recording private acts without consent, may be considered sexual assault under the Penal Code.

2. Can men be victims of sexual assault or harassment?

Yes. The law in Singapore is gender-neutral and provides protection to all individuals against sexual assault and harassment.

3. How is consent defined under Singapore law?

Consent must be voluntary and informed. It can be withdrawn at any time, and sexual activity beyond those boundaries is unlawful.

4. What should I do immediately after experiencing sexual assault?

Seek medical attention promptly, preserve any evidence, and make a police report as soon as possible. You should also seek emotional and legal support.

5. What if intimate images were shared without my permission?

You may apply for a Non-Publication Order under POHA to have the content removed and stop further sharing.

6. Can workplace sexual harassment be reported under POHA?

Yes. Victims can report workplace sexual harassment, seek Protection Orders, and request employers to take disciplinary action against offenders.

7. Is cyber sexual harassment punishable in Singapore?

Yes. Sending explicit messages, images, or videos without consent, or sharing intimate images online, constitutes an offence under POHA.

8. How long do I have to file a report for sexual assault?

There is no statutory time limit for reporting sexual assault, but it is advisable to report as soon as possible to strengthen the case.

9. Can false accusations of sexual harassment be challenged?

Yes. Individuals wrongly accused can apply to the court for correction orders or initiate defamation proceedings where appropriate.

10. When should I seek legal advice?

If you are a victim or accused of sexual assault or harassment, consulting an experienced criminal lawyer early can help protect your rights and guide you through the legal process.