(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);
Section history
Section 376A — Sexual penetration of minor under 16
As in force on 30 November 2008.
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(1)Any person (A) who —
(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.
[UK SOA 2003, ss. 6, 8; SPC 1985 Ed., s. 375(e) (read with s. 376(1) (repealed)); SPC 1985 Ed., s. 375; Malaysia PC 2006 Ed., s. 375]