Sexual offences In Myanmar, Singapore and India

  • U Mya Thein. B. A., B.L.

According to Myanmar Penal Code,
Rape:
Section 375. A man is said to commit “rape” who, except in the cases hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions:
Firstly.- Against her will.
Secondly.-Without her consent.
Thirdly.-With her consent, where her consent has been obtained by putting her in fear of death or of hurt.
Fourthly.- With or without her consent, when a man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly.- With or without her consent, when she is under sixteen years of age.
Explanation.- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception.-Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
Section 376. Whoever commits rape shall be punished with imprisonment for a term of twenty years, or imprisonment for a term of ten years, and shall also be liable to fine, unless the woman raped is his own wife and is under fourteen years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Un-natural Offence:
Section 377. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for a term of twenty years or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.- penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
According to Singapore Penal Code,
Rape:
Section. 375
(1) Any man who penetrates the vagina of
a woman with his penis –
(a) without her consent; or
(b) with or without her consent, when she is under 14
years of age,
shall be guilty of an offence.
(2) Subject to sub section (3), a man who
is guilty of an offence under this section shall be punished with imprisonment for a term which may extend 20 years, and shall also be liable to fine
or caning.
(3) Whoever –
(a) in order to commit or to facilitate the commis-
sion of an offence under subsection (1) –
(i) voluntarily causes hurt to the woman or to any
other person; or
(ii) put her in fear of death or hurt to herself or any other person; or
(b) commits an offence under subsection (1) with a woman under 14 years of age without her consent,
shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
(4) No man shall be guilty of an offence under subsection (1) against his wife, who 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.
(5) Notwithstanding subsection (4), no man shall be guilty of an offence under subsection (1)(b) for an act of penetration against his wife with her consent.
Sexual assault by penetration
Section 376.
(1) Any man (A) who –
(a) penetrates, with A’s penis, the anus or mouth of another person (B); or
(b) causes another man (B) to penetrate, with B’s penis, the anus or mouth of A,
shall be guilty of an offence if B did not consent to the penetration.
(2) Any person (A) who –
(a) sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of another person (B);
(b) causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person (C); or
(c) causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,
shall be guilty of an offence if B did not consent to the penetration.
(3) Subject to subsection (4), a person who is guilty of an offence under this section 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) Whoever –
(a) in order to commit or to facilitate the commission of an offence under subsection (1) or (2) –
(i) voluntarily causes hurt to any person; or
(ii) puts any person in fear of death or hurt to himself or any other person; or
(b) commits an offence under subsection (1) or (2) against a person (B) who is under 14 years of age,
shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
Sexual penetration of minor under 16.
Section 376A. (1) Any person (A) who –
(a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B);
(b) sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of a person under 16 years of age (B);
(c) causes a man under 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or
(d) causes a person under 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,
with or without B’s consent, shall be guilty of an offence.
To be continued

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