Molest or Outrage of Modesty in Singapore: What You Need to Know

Allegations of molest or outrage of modesty in Singapore are treated seriously by the police and the courts. Even before a charge is filed in court, the investigations alone can have significant consequences towards a person’s reputation, employment and personal life.

At Gloria James-Civetta & Co, we represent individuals who are being investigated or have been charged with molest or outrage of modesty.

If you are concerned about a police report, have been asked to attend an interview or are already facing charges, understanding the law and your legal rights early are critical.

This article explains the offence of outrage of modesty under Singapore law, the potential penalties involved, and what steps you should consider if you believe you may be in trouble.

What is outrage of modesty?

In Singapore, outrage of modesty, commonly known as molest, is governed by Section 354 of the Penal Code 1871. Outrage of modesty occurs when someone assaults or uses criminal force on a person, intending or knowing that they are likely to outrage the modesty of that person.

Some examples of acts which may constitute outrage of modesty include:

• Touching someone’s thighs on public transport;
• Kissing someone;
• Slapping someone’s buttocks;
• Squeezing someone’s chest.

What is aggravated outrage of modesty?

Aggravated outrage of modesty is governed by section 354A of the Penal Code 1871. A person may be charged with aggravated outrage of modesty if they:

• Cause or attempt to cause death, hurt, wrongful restraint, fear of instant death, instant hurt or instant restraint while trying to commit outrage of modesty;
• Commits such offence in a lift of any building; or
• Commits such offence against a person under 14 years of age.

Steps that you are able to take

Investigations in sexual offence matters can take months, and in some cases years, depending on the complexity and seriousness of the allegations.

While some may choose to wait for the outcome of the investigations, there is also the option of making representations to the police and/or the prosecution.

At Gloria James-Civetta & Co, we adopt a proactive approach where appropriate. This may include submitting written representations to the police and/or the prosecution on a case-by-case basis.

In appropriate cases, we may request for the investigations to cease and for the charge to be dropped. The Prosecution will consider these representations together with the findings of the investigations before making a charging decision.

What if I attempted to molest someone, but did not actually do it?

An attempt to molest someone may be an offence. This depends on whether a substantial step was taken towards committing the offence, which also goes to show the intention to commit molesting.

Some examples of such substantial steps are:

• Lying in wait, searching for or following the potential victim;
• Enticing or seeking to entice the potential victim to go somewhere where the outrage of modesty can be committed;
• Approaching the victim and attempting to touch the victim but was prevented from doing so.

What kind of penalties could I face?

For outrage of modesty, the current penalties may extend to a maximum of 3 years’ imprisonment, or with a fine or caning, or any combination of such punishments.

In cases of aggravated outrage of modesty, the current penalties include an imprisonment term between 2 and 10 years, and caning.

Some factors that the court may consider in determining the appropriate sentence:

• Degree of sexual exploitation – such as whether there was touching of the private parts or skin-to-skin contact.
• Circumstances of the offence – such as the vulnerability of the victim and the location of the offence.
• Harm caused to the victim – such as the degree of physical harm and psychological trauma suffered by the victim.

The circumstances of each case are different. The court may consider other factors such as the offender’s personal circumstances, the offender’s plea of guilt, the presence of a mental disorder, or remorse shown by the offender.

What if I am wrongly accused of such offence?

Allegations of molest or outrage of modesty can arise in various contexts, such as misunderstandings in crowded public spaces, workplace disputes or relationship breakdowns.

If you believe you are wrongly accused:

• Do not contact the complainant.
• Do not attempt to resolve the matter privately.
• Seek legal advice immediately.
• Preserve all evidence such as messages, CCTV footage, and the details of potential witnesses.

Experienced Criminal Defence Lawyers

Allegations of molest and outrage of modesty are legally and emotionally complex matters. Effective defence requires more than familiarity with the law; it requires an understanding of how such cases are investigated, assessed, and prosecuted.

Our team has decades of combined experience in criminal litigation, including serious sexual offence matters. This experience includes both defending accused persons and understanding the prosecutorial decision-making processes.

With substantial courtroom experience and insight into how charging decisions are evaluated, we adopt a structured and strategic approach from the earliest stages of investigation through to trial, where necessary.

Each case is assessed carefully on its specific facts, with close attention paid to evidential weaknesses, inconsistencies, and mitigating circumstances.