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.
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).