We have published 6 articles worth of information on the Act 15 of 2019 Amendments to the law, specifically with regards to sexual crime and the protection of minors against such crimes. In this overview article, we will summarise these laws, sorted by the types of offence, as well as their respective penalties.

• Overview
• Assault or criminal force to outrage modesty
• Rape
• Sexual assault Involving penetration
• Words or gestures
• Voyeurism
• Distribution of voyeuristic images
• Possession of voyeuristic images
• Sexual exposure
• The Protection From Harassment Act
• Physical sexual harassment

It is important to first make a police report, and seek clarification from a lawyer if you have recently experienced any of these offences. 

Overview of offences

Offence	Statute	Penalties
Assault or use of criminal force to a person with intent to outrage modesty	Section 354 of the Penal Code	Imprisonment for a term which may extend to 2 years; OR with fine; OR with caning; OR with any combination of such punishments
Rape	Section 375 of the Penal Code	Imprisonment for a term which may extend to 20 years; AND shall also be liable to fine; OR to caning
Sexual assault involving penetration	Section 376 of the Penal Code	Imprisonment for a term which may extend to 20 years; AND shall also be liable to fine; OR to caning
Word or gesture intended to insult modesty of any person	Section 377BA of the Penal Code	Imprisonment for a term which may extend to one year; OR with fine; OR with both.
Voyeurism	Section 377BB of the Penal Code	Imprisonment for a term which may extend to 2 years; OR with fine; OR with caning; OR with any combination of such punishments
Distribution of voyeuristic images or recordings	Section 377BC of the Penal Code	Imprisonment for a term which may extend to 5 years; OR with fine; OR with caning; OR any combination of such punishments
Possession of or gaining access to voyeuristic or intimate images or recordings	Section 377BD of the Penal Code	Imprisonment for a term which may extend to 2 years; OR with fine; OR with both
Distributing or threatening to distribute intimate images or recordings	Section 377BE of the Penal Code	Imprisonment for a term which may extend to 5 years; OR with fine; OR with caning; OR with any combination of such punishments
Sexual exposure	Section 377BF of the Penal Code	Imprisonment for a term which may extend to one year; OR with fine; OR with both
Non-physical sexual harassment	Section 3 of the Protection from Harassment Act Section 4 of the Protection from Harassment Act	A fine not exceeding $5,000; OR an imprisonment term not exceeding 6 months; OR both. A fine not exceeding $5,000
Physical sexual harassment: unlawful stalking	Section 7 of the Protection from Harassment Act	A fine not exceeding $5,000; OR to imprisonment for a term not exceeding 12 months; OR both

Section 354: Assault or criminal use of force with intent to outrage modesty

Section 354 of the Penal Code criminalises the intent of outraging the modesty of another person with criminal force. Most cases that fall under this section typically involve acts of molestation. Past cases involving upskirt photography/videography were prosecuted under this section but with the new amendments, those offences are now covered in 377BB of the Penal Code. 

Under this section, the accused must:

1. Have intended to outrage the modesty of the victim; or
2. Have knowledge that his/her conduct will lead to the outage of modesty of the victim.

Should the accused be prosecuted under this section successfully, the court may impose: 

1. an imprisonment term up to 2 years; OR 
2. with fine; OR 
3. with caning; OR 
4. any combination of such punishment. 

Section 375: Rape

Men and women can both be victims of rape. However this section applies to men because it specifically mentions penile penetration. 

In order for a case under this section to succeed, the accused must have:

1. Penetrated the vagina, anus or mouth of another person without that person’s consent.

Should the accused be prosecuted under this section successfully, the court may impose:

1. an imprisonment term up to 20 years; AND 
2. be liable to 
   1. a fine; OR 
   2. caning.

If the victim was under 14 years of age, any penetration will automatically be considered rape.

Section 376: Sexual assault involving penetration 

This section covers the offences where any person:

1. sexually penetrates the vagina or anus of another person with a part of their body (other than the penis) or an object, without the other person’s consent;
2. causes a man to penetrate the vagina, anus or mouth of another person with his penis without his consent; or
3. causes another person, to sexually penetrate the vagina or anus of another person with a part of their body (other than the penis) or an object, without the other person’s consent,

While only men can be charged under section 375 of the Penal Code for rape, section 376 allows for the prosecution of women. 

A person guilty of an offence under section 376 shall be punished with:

1. an imprisonment term which may extend to 20 years, AND 
2. shall also be liable to 
   1. a fine; OR 
   2. caning.

Section 377BA: Words or gestures intended to insult the modesty of any person

This section is also a gender-neutral version of the pre-amendment section 509 of the Penal Code. 

According to this section: 

1. any person who utters any word, makes any sound or gesture, or exhibits any object, 
2. intending that 
   1. such word or sound will be heard, or 
   2. that such gesture or object will be 
      1. seen by such person, or 
      2. intrudes upon the privacy of such person.

Punishments if found guilty of an offence: 

1. an imprisonment term up to one year; OR 
2. with fine; OR 
3. with both

This section has been applied in newer cases, including one involving a man who removed his pants and stroked himself with the intention of being seen by two people. 

Section 377BB: Voyeurism

Voyeurism, an act that has recently gained traction in the local discourse about sexual misconduct since the Monica Baey exposé, will now be punishable under section 377BB. 

Anyone can be a victim of voyeurism. In the past, perpetrators, whose victims were men, could not be punished under section 509 of the Penal Code because the offences were specifically for female victims. The addition of this new section has since broadened the scope of protection to include men. 

This new act applies to offences such as: 

1. S 377BB(1)(a): intentionally observing another person doing a private act; OR
2. S 377BB(2)(a): operating equipment with the intention of enabling the accused or another person to observe a third person doing a private act; OR
3. S 377BB(3)(a): intentionally or knowingly recording another person doing a private act; OR
4. S 377BB(4)(a): operating equipment with the intention of enabling the accused or another person to observe a third person’s genitals, breast (if the victim is a female) or buttocks (whether exposed or covered) in circumstances where such body parts or underwear would not otherwise be visible; OR
5. S 377BB(5)(a): intentionally or knowingly recording an image of another person’s genitals, breast (if the victim is a female) or buttocks (whether exposed or covered) in circumstances where such body parts or underwear would not otherwise be visible; OR
6. S 377BB(6): installing equipment with the intention of enabling the accused or another person to commit an offence under subsection (1), (2), (3), (4) or (5).

1. The accused must know that the other person did not consent to the acts mentioned.

Punishments under section 377BB: 

1. an imprisonment term which may extend to 2 years; OR 
2. with fine; OR 
3. with caning; OR 
4. with any combination of such punishments.

Section 377BC: Distribution of voyeuristic images or recordings

Under this section, offences include: 

1. intentionally or knowingly distributing or has in possession, an image or recording of another person without that person’s consent to the distribution;
2. knowing or having reason to believe that the image or recording was obtained through voyeurism; and
3. knows or has reason to believe that the other person does not consent to the distribution.

Punishment if found guilty:

1. an imprisonment term which may extend to 5 years; OR 
2. with fine; OR 
3. with caning; OR
4. any combination of such punishments

Section 377BD: Possession of voyeuristic or intimate images and recordings

This section covers offences where the accused has:

1. gained access to an image or recording of another person; and
2. has knowledge that the image or recording was obtained through voyeurism; or
3. has knowledge that 
   1. the image or recording is an intimate image or recording as defined in section 377BE(5);
   2. the possession of, or access to the image or recording was without the consent of the person depicted in the image or recording; and
   3. the possession of or access to the image or recording will or is likely to cause humiliation, alarm or distress to the person depicted in the image or recording.

If found guilty of an offence under section 377BD, the punishment will be:

1. an imprisonment term which may extend to 2 years; OR 
2. with fine; OR
3. with both.

Section 377BE: Distributing or threatening to distribute intimate images

As information technology gets more invasive and intrusive, non-consensual pornography has been on the rise as a result. The most prominent example being the SG Nasi Lemak Telegram chat group, in which 44,000 group members shared hundreds of obscene photos and videos of women. Many of such images and recordings, some of which are also known as revenge porn, were obtained through voyeuristic means. With the 2019 Criminal Law Reform Act, this new section serves to tackle this problem.

There are three elements to an offence under section 377BE

1. The offender must have intentionally or knowingly distributed or threatened to distribute an intimate image or recording of another person;
2. Without that person’s consent; and
3. With knowledge that the distribution will or is likely to cause the other person humiliation, alarm or distress.

An intimate image is a recording of the genitals, anal region or breasts of the victim, or a recording of the victim doing a private act. Images and recordings that have been altered or edited to appear like an intimate image are also considered as such.

If found guilty, the punishment will be:

1. an imprisonment term which may extend to 5 years; OR
2. with fine; OR 
3. with caning; OR 
4. with any combination of such punishments

Section 377BF: Sexual Exposure (Flashing)

This section prosecutes the act of exposing one’s genitals to another person, commonly known as flashing. This law applies to any person who:

1. for the purposes of obtaining sexual gratification or of causing another person humiliation, alarm or distress, 
   1. S 377BF(1)(a): intentionally exposes his/her genitals; OR
   2. S 377BF(2)(a): intentionally distributes to the other person an image of his/her own or any other person’s genitals;
2. intends that the other person will see his/her genitals; AND
3. does so without the other person’s consent.

A person guilty of an offence under section 377BF shall be punished with 

1. an imprisonment term which may extend to one year; OR 
2. with fine; OR 
3. with both.

The Protection From Harassment Act: Non-physical sexual harassment

Sexual harassment can come in both physical and non-physical forms. Perpetrators of non-physical sexual harassment may now be liable under sections 3 and 4 of the Protection from Harassment Act.

Under Section 3, the offender must have intended to harass, alarm or cause distress to the victim through threats, abuse or insult, and did in fact take action by causing harassment, alarm or distress.

If found guilty under this section, the punishment is:

1. a fine not exceeding $5,000; OR 
2. imprisonment for a term not exceeding 6 months; OR 
3. both.

For section 4, the offender must have used threatening, abusive or insulting words or behaviour which is perceived by the victim as harassment or causing alarm, or distress.

The punishment for an offence under section 4 of the Protection from Harassment Act will be a fine not exceeding $5,000. 

The Protection From Harassment Act: Physical Sexual Harassment – Unlawful stalking

Under section 7 of the Protection from Harassment Act, the offender must have

1. Unlawfully stalked the victim whether through acts or omissions;
2. Caused the victim harassment, alarm or distress; and
3. It was done with
   1. the intention of causing harassment, alarm or distress to that person; or
   2. knowledge that such an act would cause harassment, alarm or distress to that person.

A person guilty of an offence under section 7 of the Protection from Harassment Act shall be punished with

1. a fine not exceeding $5,000; or
2. an imprisonment term not exceeding 12 months; or 
3. Both.

Engaging a Lawyer

If you are currently in a situation that requires mediation or legal advice, it’s best to consult a lawyer who will be able to guide you through your options.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years from traffic offences, high-profile criminal cases – to family and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.