Sexual offences In Myanmar, Singapore and India

  • U Mya Thein. B. A., B.L.

 

  • (Continued from 23-12-2016)
    (2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
    (3) Whoever commits an offence under this section against a person (B) who is under 14 years of age 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) No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse.
    (5) No man shall be guilty of an offence under subsection (1)(a) for penetrating with his penis the vagina of his wife without her consent, if his wife is not under 13 years of age, except where at the time of the offence –
    (a) his wife was living apart from him –
    (i) under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;
    (ii) under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;
    (iii) under a judgment or decree of judicial separation; or
    (iv) under a written separation agreement;
    (b) his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;
    (c) there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;
    (d) there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or
    (e) his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.
    Commercial sex with minor under 18
    Section 376B. (1) Any person who obtains for consideration the sexual services of a person, who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
    (2) Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
    (3) No person shall be guilty of an offence under this section for any sexual services obtained from that person’s spouse.
    (4) In this section, “sexual services” means any sexual services involving –
    (a) sexual penetration of the vagina or anus, as the case may be, of a person by a part of another person’s body (other than the penis) or by anything else; or
    (b) penetration of the vagina, anus or mouth, as the case may be, of a person by a man’s penis.
    Commercial sex with minor under 18 outside Singapore
    Section 376C. (1) Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence.
    (2) A person who is guilty of an offence under this section shall be liable to the same punishment to which he would have been liable had he been convicted of an offence under section 376B.
    Tour outside Singapore for commercial sex with minor under 18
    Section 376D. (1) Any person who –
    (a) makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person;
    (b) transports any other person to a place outside Singapore with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; or
    (c) prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 376C, or to assist any other person to engage in such conduct,
    shall be guilty of an offence.
    (2) For the purposes of subsection (1)(c), the publication of information means publication of information by any means, whether by written, electronic, or other form of communication.
    (3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
    Sexual grooming of minor under 16
    Section 376E. (1) Any person of or above the age of 21 years (A) shall be guilty of an offence if having met or communicated with another person (B) on 2 or more previous occasions –
    (a) A intentionally meets B or travels with the intention of meeting B; and
    (b) at the time of the acts referred to in paragraph (a) –
    (i) A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence;
    (ii) B is under 16 years of age; and
    (iii) A does not reasonably believe that B is of or above the age of 16 years.
    (2) In subsection (1), “relevant offence” means an offence under –
    (a) section 354, 354A, 375, 376, 376A, 376B, 376F, 376G or 377A;
    (b) section 7 of the Children and Young Persons Act (Cap. 38); or
    (c) section 140(1) of the Women’s Charter (Cap. 353).
    (3) For the purposes of this section, it is immaterial whether the 2 or more previous occasions of A having met or communicated with B referred to in subsection (1) took place in or outside Singapore.
    (4) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
    Procurement of sexual activity with person with mental disability
    Section 376F. (1) Any person (A) shall be guilty of an offence if –
    (a) A intentionally touches another person (B) who has a mental disability;
    (b) the touching is sexual and B consents to the touching;
    (c) A obtains B’s consent by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; and
    (d) A knows or could reasonably be expected to know that B has a mental disability.
    (2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
    (3) If the touching involved –
    (a) penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or
    (b) penetration of the mouth with the penis,
    a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
    (4) No person shall be guilty of an offence under this section for any act with that person’s spouse.
    (5) For the purposes of this section –
    “mental disability” means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgement in the giving of consent to sexual touching;
    “touching” includes touching –
    (a) with any part of the body;
    (b) with anything else; or
    (c) through anything, and includes penetration.
    Incest
    Section 376G.(1) Any man of or above the age of 16 years (A) who –
  • To be continued

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