Perpetrators of sex-related crimes can expect harsher punishments under changes to the penal code set to come into force next year.

According to a joint press release by the Ministry of Home Affairs (MHA) and Ministry of Law (MinLaw), the amendments made through the Criminal Law Reform Act (CLRA) will take effect from Jan. 1, 2020.

New offences coming into force

In his speech, on May 6, 2019, K. Shanmugam — Minister for Law and Minister for Home Affairs — talked about how technology had given rise to offences involving "voyeurism, 'cyber-flashing', and the distribution of intimate images (often referred to as 'revenge pornography')."

"We want to create specific offences in the Penal Code to provide proper framing for such offences and adequate punishments," he said.

Voyeurs, upskirters, revenge pornographers

As a result, new specialised offences introduced will criminalise acts of voyeurism and the distribution of intimate images without consent.

This includes:

• making, distribution, possession of, and access to voyeuristic recordings or intimate images
• distribution of or threat to distribute intimate images or recordings

These crimes will carry a punishment of imprisonment of up to two years, a fine, caning, or any combination of these.

In response to queries from Mothership, an MHA spokesperson said that having specialised offences introduced to the penal code would see the deterrence of such acts due to higher penalties.

The spokesperson also indicated that it would “create a unified and consistent framework to address the market for such voyeuristic recordings”.

Flashing and sending dick pics

Sexual exposure will also become a new offence. This entails the non-consensual exposure of genitals in both physical and virtual spaces.

That means you can now be punished with imprisonment of up to one year, a fine, or with both, for sending a dick pic.

Exploiting minors

Additionally, minors who are above the age of consent (16) but below 18 years of age will be better protected from Jan. 1, with new offences criminalising the following acts:

• exploitative sexual penetration of a minor between the ages of 16 and 18
• exploitative sexual grooming of a minor between the ages of 16 and 18

Minors below the age of 16 will also be further protected by changes to the penal code which criminalise:

• sexual communication with a minor below the age of 16
• engaging in sexual activity in front of a minor below the age of 16
• causing a minor below the age of 16 to look at a sexual image

The above also applies in situations wherein the minor is between the ages of 16 and 18, and in an exploitative relationship with the offender.

Child-abuse material

The whole spectrum of acts involving child-abuse material was criminalised in the CLRA.

From Jan. 1, the punishments for the following acts are:

• Using or involving a child in the production of material

  • imprisonment of up to 10 years, a fine, caning, or a combination of punishments

• Producing material

  • imprisonment of up to 10 years, a fine, caning, or a combination of punishments

• Distributing or selling material

  • imprisonment of up to seven years, a fine, caning, or a combination of punishments

• Advertising or seeking material

  • imprisonment of up to five years, a fine, caning, or a combination of punishments

• Possession of or gaining access to material

  • imprisonment of up to five years, a fine, caning, or a combination of punishments

Harsher punishments

The new year will also see the maximum punishment for several offences doubled.

These include:

Vulnerable victims

Vulnerable victims consist of children under the age of 14, domestic workers, and vulnerable adults.

Vulnerable adults are defined under Section 2 of the Vulnerable Adults Act 2018 as those whose mental or physical disabilities render them substantially unable to protect themselves from abuse or neglect.

From Jan. 1, the punishments for the following acts are:

• Causing the death of the above persons by sustained abuse

  • imprisonment of up to 20 years, a fine, caning, or a combination of punishments

• Causing or allowing the death of the above persons in the same household

  • imprisonment of up to 20 years, a fine, caning, or a combination of punishments

• Allowing neglect, physical or sexual abuse of domestic worker or vulnerable adult

  • imprisonment of up to 7 years, a fine of S$20,000, or both

Intimate and close relationships

Offenders who commit a crime against someone who they are in an intimate or close relationship with will also be liable for double the punishment.

This extends to most offences affecting the human body, such as rape, hurt, and wrongful confinement.

Harassment and breaching of orders

Crimes involving the harassment of persons in an intimate relationship with the offender, and harassment of persons with disabilities along with repeated breaches of Protection Orders and Expedited Orders are set to carry harsher punishments.

Repealing certain portions of the penal code

Marital immunity for rape

Non-consensual sex within marriage will be treated as a crime from Jan. 1 onwards.

In their press release, MHA and MinLaw said that the change would see that "all women are protected from sexual abuse", while also affirming that all sexual relations "should be based on mutual consent".

Attempted suicide

Furthermore, attempted suicide will be decriminalised.

However, the abetment of either suicide or attempted suicide will continue to be a crime.

Changes to other acts — the Police Force Act and Mental Health (Care and Treatment) Act — will see police officers empowered to intervene in cases of attempted suicide, to prevent injury or loss of life.

Top image composite via sgblacklist’s Telegram, SG Nasi Lemak, and Andrew Koay