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| SINGAPORE - Raping your wife IS rape! |
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| Wednesday, 04 November 2009 | |
 Under
the present laws in Singapore, marital rape is not considered as rape.
Individuals of the country launched the No To Rape campaign, collecting
signatures for the petition below. It will be submitted to the Prime
Minister, after closing on 30 November 2009. I THE REPEAL The offence of "rape" under Section 375 of the Penal Code (the "Code") means the non-consensual penetration by a man, using his penis, of a woman's vagina. Section 375(4) provides that, except in limited circumstances inapplicable to the majority of married women, this act will not amount to rape, if the perpetrator and the victim are married to each other. Similarly, Section 376A creates the offence of "sexual penetration of a minor under 16", and Section 376A(5) provides (subject to the same limitations) that this offence will not be committed where a man uses his penis to penetrate a girl under the age of 16, if the perpetrator and victim are married to each other. We, the undersigned, write to you as citizens and residents of Singapore, to support the complete repeal of Section 375(4) and Section 376A(5). As a result of this change, the Code will not distinguish between cases of rape where the perpetrator and the victim are married to each other ("marital rape") and other cases of rape. All non-consensual penetration of a woman's vagina by a man, using his penis, will amount to rape. The same penalties will be available to a court upon conviction of a perpetrator of marital rape, as with any other kind of rape. This proposal is the "total abolition of marital rape immunity". II MARITAL RAPE IS VIOLENCE Non-consensual sexual penetration is a severe form of violence. This is recognised in the Code and our case law, and is a fundamental part of the shared values of Singaporean society. The existence of Section 375 (rape) and Section 376A (a statutory rape law which presumes minors cannot consent to sexual activity) and their application to cases of rape other than marital rape demonstrate this. The same is true of Section 376, which carries similar penalties, and criminalises other forms of non-consensual sexual penetration (e.g. penetration of the anus or the mouth, penetration with parts of the body other than the penis). There is no "marital" exemption to Section 376, nor is there any "marital" exemption for orally or anally penetrating a minor under Section 376A. Except in extremely limited circumstances such as self-defence, violence is criminal. Every human being deserves the protection of the law from violence against their person. The values of our society do not accept that this should change simply because the victim is married to the perpetrator. Our laws do not carry "marital exemptions" for any other kind of violence, and there is no justification for it in the context of marital rape. No one is granted special permission under the law to punch their spouse. Marital rape is simply beating with a sexual organ instead of a fist. The total abolition of marital rape immunity will remove an unjustified inconsistency in our approach to sexual violence. We believe this will enhance the institution of marriage. Marriage should not require one spouse to be deprived of protection from violence by the other spouse. The total abolition of marital rape immunity will reflect our deeply cherished values, which hold that marriage should be based on a loving partnership of people who enter a relationship of mutual trust and respect. Violence, including non-consensual sexual penetration, destroys family relationships, and the state is right to punish it as a criminal act. III CURRENT EXCEPTIONS ARE INADEQUATE Currently, Section 375(4) and Section 376A(5) do allow for some cases of marital rape to be treated as rape. These are, primarily, where the perpetrator and victim are "living apart" and certain steps have been taken to terminate the marriage (e.g. proceedings for divorce or separation), or steps have been taken to obtain a public protection order or injunction against sexual intercourse against the perpetrator. This is inadequate. Marital rape is a form of violence, and all people in Singaporean society should be protected by the law against violence to their person, without having to make legal arrangements. Engaging these legal procedures presents particular difficulties for minors and/or women who have physical or mental disabilities, especially where they are in a position of dependence on the adult and/or able-bodied spouse. Court orders are not always available as the facilities for them are subject to operating hours. Moreover, women should not have to predict whether they will be subject to violence (or, as is often the case, suffer violence first, possibly multiple times) and make applications for court orders before the Code recognises sexual violence against them as an offence. Every instance of marital rape - not just the second, or third, or fourth - should be treated as an offence. To read the complete petition and sign, please click here (No To Rape website). |
