(a)against her will;
Section history
Section 375 — Rape
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 375 — Original text to 1 February 2008superseded
A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the 5 following descriptions:
(b)without her consent;
(c)with her consent, when her consent has been obtained by putting her in fear of death or hurt;
(d)with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent;
(e)with or without her consent, when she is under 14 years of age.
Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception.—Sexual intercourse by a man with his own wife, the wife not being under 13 years of age, is not rape.
Section 375 — From 1 February 2008 (current)rewritten by Penal Code (Amendment) Act 2007
(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 under2021below2021 14 years of age,
shall be guilty of an offence.
(1A)Any man (A) who penetrates, with A’s penis, the anus or mouth of another person (B) —
(a)without B’s consent; or
(b)with or without B’s consent, when B is below 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) or (1A)2020 ––2008—2008
(i)voluntarily causes hurt to the woman or to any other2020any2020 person; or
(ii)puts her in fear of death or hurt to herself or any other person; or2020a person in fear of death or hurt to that person or any other person;2020
(b)commits an offence under subsection (1) with a woman under 14 years of age without her consent,2020or (1A) against a person below 14 years of age without that person’s consent; or2020
(c)commits an offence under subsection (1) or (1A) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person,
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 with2020of2020 not less than 12 strokes.
Subsection (4) — Original text to 1 January 2020superseded
(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 ––2008—2008
(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.
Subsection (4) — From 1 January 2020 (current)rewritten by Criminal Law Reform Act 2019
(4)No man shall be guilty of an offence under subsection (1)(b) or (1A)(b) for an act of penetration against his wife with her consent.
Subsection (5) — Original text to 1 January 2020superseded
(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.
[UK SOA 2003, s. 1; SPC 1985 Ed., s. 375 (repealed); SPC 1985 Ed., s. 376 (repealed); Indian PC 1860, s. 375; Malaysia PC 2006 Ed., s. 375]
Subsection (5) — From 1 January 2020 (current)rewritten by Criminal Law Reform Act 2019
(5)Despite section 79, no man shall be guilty of an offence under subsection (1)(a) or (1A)(a) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person was done with consent.
(6)No man shall be punished under subsection (3)(b) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person below 14 years of age was done with consent.
[UK SOA 2003, s. 1; SPC 1985 Ed., s. 375 (repealed); SPC 1985 Ed., s. 376 (repealed); Indian PC 1860, s. 375; Malaysia PC 2006 Ed., s. 375]