On 2 August 2021, following months of Parliamentary debate, the Criminal Law (Miscellaneous Amendments) Bill was introduced by Minister of State for Home Affairs Mr Desmond Tan, resulting in significant amendments to the Penal Code. These reforms followed a comprehensive review of penalties for hurt and sexual offences, which was addressed by Law and Home Affairs Minister K Shanmugam in March 2021.
In this article, we will cover voyeurism in Singapore, as revised in the new S377BB of the Penal Code 1871.
What is the definition of Voyeurism in Singapore?
Voyeurism involves observing or recording another person in circumstances that violate their privacy or sexual integrity. It may also involve obtaining sexual gratification from observing another person without their knowledge or consent.
What conduct amounts to voyeurism in Singapore?
Section 377BB of the Penal Code significantly widens the ambit of voyeuristic offences. What was once covered under just one vague section of the Penal Code (s509 of the Penal Code, prior to the 2021 amendments, criminalised uttering of any word or making any sound or gesture or exhibiting any object to a woman with the intention to insult her modesty, or intrudes upon her privacy) has now been fleshed out in great detail, spanning 6 subsections.
| Element of the Offence | Examples (Non-Exhaustive) |
|---|---|
| Intentionally observing a person doing a private act | Includes showering, changing clothes, or arguably even relieving oneself. |
| Operating equipment to enable oneself or others to observe a person doing a private act |
Using a mobile phone or installing a spy camera in a toilet or bedroom.
While this offence and the offence below appear similar, this provision covers situations where no video is actually recorded, but the offender attempted to do so and had the intention to record. |
| Intentionally or knowingly recording another person doing a private act | Using a mobile phone or installing a spy camera in a toilet or bedroom. |
| Operating equipment to enable oneself or others to observe a person’s private parts (genital region, breasts or buttocks) in circumstances where those private parts would not otherwise be visible | Using a mobile phone to “upskirt” or “downblouse” another person, or installing a spy camera in a toilet or bedroom. |
| Intentionally or knowingly recording a person’s private parts (genital region, breasts or buttocks) in circumstances where those private parts would not otherwise be visible |
Using a mobile phone to “upskirt” or “downblouse” another person, or installing a spy camera in a toilet or bedroom.
While this offence and the offence above appear similar, this provision applies where a recording is actually made. |
| Installing equipment or constructing or adapting a structure with the intention of committing any of the above offences | Installing hidden cameras, modifying air vents, fitting special mirrors, or downloading applications designed to facilitate voyeurism offences. |
To note for voyeurism in Singapore
Subsection (9) creates a presumption that where a recording is made of another person doing a private act, or of another person’s private parts in circumstances where they would not otherwise be visible, the recording is presumed to have been made without consent unless the accused proves otherwise.
This reflects Parliament’s intention to strengthen protection against voyeurism offences and makes clear that such conduct will be treated seriously.
It should also be noted that the sections are largely gender non-specific (save for offences relating to a woman’s breasts), and a perpetrator of voyeurism can be a male or female, as can a victim.
What are the penalties for voyeurism in Singapore?
The penalties are set out at subsections (7) to (8) of s377BB of the Penal Code.
| Punishment |
|---|
| For any of the offences under Section 377BB(1) to (6): Up to 2 years’ imprisonment, or a fine, or caning, or any combination of these punishments. |
| If the victim is below 14 years of age: Up to 2 years’ imprisonment and a fine or caning. |
Are these penalties more severe than before?
Comparatively, the offence of voyeurism pre-Penal Code amendments only attracted an imprisonment term that may extend to 1 year, or with fine, or both. Caning was introduced in the amended sections, as well as a separate more severe section for vulnerable victims.
What factors do the courts consider when determining sentence?
It should be noted that the exact term of prison, the quantum of fine and number of strokes of the cane are not specified in subsections 7 and 8. Therefore, the severity of punishments will depend on the culpability of the perpetrator and the harm caused to the victim. This is where the Judges will apply the law to each case accordingly. Additionally, they will apply the law in accordance with case precedents.
Culpability of the offender
This will be assessed based on aggravating factors and mitigating factors present, to the perpetrator’s detriment and/or favour.
Some non-exhaustive examples of aggravating factors include prior antecedents (i.e. re-offenders), number of charges, number of victims, premeditation (lengths that the perpetrator went to target the victim or to commit the offence(s), planning, concealing of offence(s) through physical means and even technology), and lack of remorse.
Some non-exhaustive examples of mitigating factors include an early plea of guilt, a clean record, offence(s) committed on impulse, regret and remorse, medical condition, the offer of compensation, the offer of apology, and good character. It should be noted that the notion of good character has been somewhat controversial in the cases of late, and the Courts are increasingly less inclined to give discounts to perpetrators based on the type of school or education they have, and their proverbial “bright futures ahead”.
The same goes for medical conditions, it is crucial that whatever disorder a perpetrator may have has a causal or contributory link to the offence(s) committed.
It is normal for a perpetrator to have both aggravating factors and mitigating factors concurrently. It will be on the Prosecution and Defence to then argue which factors stand out more prominently.
Harm caused
The next thing the Courts will consider is how much harm is caused to the victim or victims in question, as a result of the offence(s) committed against them.
The courts generally assess harm by considering whether it falls within the low, moderate or high range. The category of harm that the perpetrator’s offence(s) falls under would depend on number of victims, whether there is psychiatric damage to the victim(s), damage to their reputation, number of photographs/videos captured, length of video(s), and whether they had been deleted (it should be noted that this is another factor of controversy – just because the perpetrator deleted the video, does not negate the fact that they did the act. There is also the issue of whether the material was deleted after they were apprehended, to avoid punishment). These are some non-exhaustive examples.
How GJC Law Can Help if You Are Facing a Voyeurism Investigation
If you have been arrested, contacted by the police, or are under investigation for a voyeurism offence under section 377BB of the Penal Code 1871, obtaining legal advice at the earliest opportunity is crucial. The decisions you make before giving statements or responding to the authorities may affect the outcome of your case.
Our criminal defence team is led by Kevin Liew, an experienced criminal lawyer and former Singapore prosecutor. His experience as a former prosecutor provides valuable insight into how criminal cases are investigated, assessed and prosecuted. Drawing on that experience, together with the firm’s extensive criminal defence practice, we can advise you at every stage of the process, from police investigations and interviews through to court proceedings, where required.
Don’t face a police investigation alone. Contact Gloria James-Civetta & Co today for a confidential consultation with our criminal defence team. Early legal advice can help you understand your rights, avoid common pitfalls, and develop the most effective defence strategy for your circumstances.
