Rape in Singapore is one of the most serious criminal offences under the Penal Code, attracting long imprisonment terms, caning, and lifelong consequences.
Offences such as rape, sexual assault involving penetration, attempted rape, and marital rape are strictly investigated and prosecuted.
If you have been accused of rape, contacted by the police, or already charged with rape, it is crucial to understand the law, your rights, the investigative process, and the steps to take immediately.
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What Is Rape in Singapore?
Under Section 375 of the Penal Code, rape is defined as:
- Penile penetration,
- Without consent, or when the victim is incapable of consenting.
Punishment for rape:
- Up to 20 years’ imprisonment
- Up to 24 strokes of the cane
Related offences include:
- Sexual assault involving penetration
- Attempted rape
- Marital rape
- Sexual offences involving minors
What Is Consent?
Consent is voluntary agreement to take part in a sexual act.
Consent can be expressed through words, conduct, or behaviour, not through fear, or submission.
Key principles:
- Consent must be freely given, without coercion, pressure, manipulation, fear, or intimidation.
- Submission is not consent, a person may comply out of fear or confusion.
- Consent to one act (kissing) does not imply consent to another (penetration).
- Consent can be withdrawn at any time, even during a sexual act.
- A person who is unconscious, asleep, or mentally incapacitated cannot consent.
- Persons under 16 years old cannot legally consent to sexual activity in Singapore.
- Lack of physical resistance does not mean consent.
Courts assess the entire context, including behaviour, circumstances, and the accused’s knowledge of the victim’s state of mind.
Underage Sex/ Sex With a Minor
Sex involving a minor is criminalised.
Under 14 years old
A minor cannot legally consent under any circumstances.
Ages 14–16
Sex may be an offence, even if both parties are willing.
Ages 16–18 (Position of Trust)
Sex may be an offence if the accused is in an exploitative relationship with the victim (such as a teacher, coach, guardian, instructor, or any person in authority).
Penalties include imprisonment and caning.
Related Article: FAQs on Sexual Offence – Relating to Sex with a Minor
Marital Rape in Singapore
Marital rape, also known as spousal rape, occurs when a husband has non-consensual sexual intercourse with his wife.
Before 2020, Singapore had a “marital immunity” under the old law on rape offences. This immunity was fully removed by the Criminal Law Reform Act 2019.
Under the current law:
A husband may be charged with rape if sexual intercourse occurs:
- Without the wife’s consent,
- Through force, intimidation, or threats,
- When she is incapacitated (asleep, unconscious), or
- When she is protected by a protection order.
Why this matters:
- Marriage does not grant sexual entitlement.
- Consent is required every time — the same as in any non-marital sexual relationship.
- Courts examine parties’ relationship, power dynamics, and the circumstances closely.
- Conviction for marital rape carries the same penalties as any other rape offence.
If you are accused of marital rape:
You need urgent legal advice to address:
- The relationship dynamics between parties
- The availability of evidence
- Your version of events
- Any previous marital conflicts
- The existence of any protection orders
A marital relationship does not soften the legal consequences.
Sexual Assault Involving Penetration
Covers non-penile penetration, such as digital penetration or what is colloquially known as fingering.
The punishment is similar to rape.
Attempted Rape
Attempted rape occurs when substantial steps are taken toward committing rape, even if there is no penetration.
Offenders face imprisonment and caning.
What To Do If You Are Accused of Rape
Do not contact the complainant
This can be treated as interference with the investigations or legal proceedings.
Speak to a criminal lawyer immediately
It is crucial to understand your rights. Avoid giving statements without legal advice.
Preserve all evidence
Messages, photos, videos, location data, CCTV, and social media activity.
Cooperate but protect your own rights with legal advice
Cooperate with the authorities, but ensure that you understand and protect your rights.
Frequently Asked Questions (FAQs) – Rape Law Singapore
Yes.
Yes.
Yes.
No. They lack the legal capacity to consent.
Yes. Relationship status does not override consent.
No. Silence or non-resistance is not consent.
No. Consent must be specific to each act.
How GJC Law Can Assist
Facing a rape allegation is one of the most severe and distressing legal situations anyone can experience.
At GJC Law, we assist individuals who are being investigated or charged with sexual offences. Your case is handled by a team that includes:
- A former Government Prosecutor
- Ms Gloria James, with more than 29 years of experience in criminal law
- A committed criminal team known for meticulous preparation, strategic thinking, and clear courtroom advocacy.
We provide:
- clear legal strategy
- early legal intervention during investigations
- evidence review and preparation
- strong courtroom representation
- discreet and confidential support
Contact GJC Law immediately for a confidential and experienced criminal defence assistance.
