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Section history

Section 376 — Sexual assault involving penetration

Consolidated view is experimental and may be broken for certain provisions.

Amendments
Section 376 — Original text to 1 February 2008superseded
376.Punishment for rape

(1)Subject to subsection (2), whoever commits rape shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(2)Whoever, in order to commit or to facilitate the commission of an offence of rape against any woman —

(a)voluntarily causes hurt to her or to any other person; or

(b)puts her in fear of death or hurt to herself or any other person,

and whoever commits rape by having sexual intercourse 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.

Section 376 — From 1 February 2008 (current)rewritten by Penal Code (Amendment) Act 2007
376.Sexual assault byinvolving penetration
Subsection (1) — Original text to 1 March 2022superseded

(1)Any man (A) who causes another man (B) to penetrate with B’s penis, the anus or mouth of A —

(a)penetrates, with A’s penis, the anus or mouth of another person (B)without B’s consent; or

(b)causes another man (B) to penetrate, with B’s penis, the anus or mouth of Awith or without B’s consent, when B is below 14 years of age,

shall be guilty of an offence if B did not consent to the penetration.

Subsection (1) — From 1 March 2022 (current)repealed by Criminal Law (Miscellaneous Amendments) Act 2021

(1)[Deleted by Act 23 of 2021 wef 01/03/2022]

(2)Any person (A) who —

(a)sexually penetrates, with a part of A’s body (other than A’s penis, if a man) 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)including A; or

(c)causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) 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 or if B is below 14 years of age, whether B did or 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,below 14 years of age without that person’s consent; or

(c)commits an offence under subsection (1) or (2) 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 with not less than 12 strokes.

[UK SOA 2003, ss. 2, 4; SPC 1985 Ed., s. 376(2) (repealed)]

(5)No person shall be guilty of an offence under subsection (1) or (2) —

(a)for an act of penetration against his or her spouse with the consent of that spouse; or

(b)if despite section 79, that person proves that by reason of mistake of fact in good faith, the person believed that B mentioned in those subsections did consent to the penetration and B was not below 14 years of age.

Subsection (6) — 1 January 2020 to 1 March 2022superseded

(6)No man shall be punished under subsection (4)(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, ss. 2, 4; SPC 1985 Ed., s. 376(2) (repealed)]

Subsection (6) — From 1 March 2022 (current)rewritten (not yet redlined) — Criminal Law (Miscellaneous Amendments) Act 2021

(6)No person shall be punished under subsection (4)(b) if the person proves that by reason of mistake of fact in good faith, the person believed that the act of penetration against a person below 14 years of age was done with consent.