Multiple police reports alleging sexual harassment have been filed against local YouTuber and radio DJ Darryl Ian Koshy, better known as Dee Kosh.

Initially denying all the allegations, he posted an apology two days later, admitting they had "some truth".

He highlighted in particular a conversation with a 15-year-old that he recognised as "problematic", but denied having sexual relations with minors.

Here's a look at how the law in Singapore protects minors from sexual offences, since changes to the law took effect from Jan. 1, 2020.

"Minors are particularly vulnerable to sexual exploitation and require greater protection under the law", the Ministry of Home Affairs (MHA) acknowledged in a statement explaining the changes, which targeted behaviours relating to child porn and predatory conduct.

Who are minors, and how are they protected?

The law has different definitions of who is a minor, depending on the purpose.

For example, those below 15 are considered children under the Employment Act, while those between 15 and 16 are young persons. Certain contracts can only be agreed to by those above 18, while others require the person to be 21.

Broadly, the law contains penalties which aim to deter offenders on one hand, as well as procedures helping minors by encouraging them to step forward as witnesses, on the other.

Penalties

In terms of penalties, the laws which cover sexual offences against minors seek to deter such acts, through imposing the following penalties:

• Recognising a legal age of consent (i.e. 16 years), which makes it illegal to engage in various sexual acts or behaviour with those under 16, even if the acts were consensual.
• Having stricter penalties for offences where victims under 14.
• Extending penalties to cover those who commit offences against persons between 16 and 18, in certain specific settings, even though the legal age of consent in Singapore is 16.
• Creating penalties for new offences which may be committed against minors, such as cyber-flashing and voyeurism.

Age of consent in Singapore: 16

The legal age of consent for sex in Singapore is 16.

This means that it is an offence to engage in penetrative sex with a person under 16, even if the person consented.

Another implication is that where persons under 16 are involved, sexual grooming and sexual communication are also offences.

The offence of sexual grooming is when a person above 18 has met or communicated with a minor under 16 at least once, and meets (or travels to meet) the minor with the intention to commit sexual offences including child prostitution, sexual assault, commercial sex, voyeurism, and even flashing.

The offence allows the authorities to take action against would-be predators who make arrangements to commit the above-mentioned sexual offences, even if they do not end up carrying out the act.

New law covers sexually explicit images

A 2018 report by the Singapore Children's Society highlights the fact that previously, the prevailing law on sexual grooming focused on cases where the offender met, or intended to meet the minor, and did not cover acts such as getting a minor to send sexually explicit images, perform sexual acts over a webcam, or engage in sexting.

This is now covered under the updated law, however, as sexual communication is an offence if a person above 18 communicates sexually with a minor under 16, with the intention of obtaining sexual gratification, or causing the minor "humiliation, alarm, or distress".

This rules out communication for the purposes of education, for example, but would cover cases where a potential predator engages a minor in sexting.

Harsher penalties for offences against those younger than 14

The law imposes stricter penalties for offences involving victims under 14.

For certain offences where the victims are under 14, the usual maximum penalties can be doubled.

The offence of sexual exposure (i.e flashing), for example, has a maximum penalty of one year in jail, a fine, or both.

Where the victim is under 14, however the maximum penalty is doubled, and the jail term can extend to two years. The offender may also be fined or caned.

Penalties extended for those who commit offences against persons between 16 and 18

Those under 18 also have protections under the law.

Commercial sex

The law on commercial sex, for example, states that it is an offence to obtain sexual services (including sexual penetration and touching), from anyone under 18.

Communication with another person for this purpose is also punishable.

Exploitative relationships

While the legal age of consent is 16, there are also penalties for certain offences where a victim is above 16, but below 18, even if the victim had consented.

These are offences that take place in the context of exploitative relationships.

For example, a student who is above 16 can legally consent to sex with their teacher. However, the teacher could be found guilty of an offence, as sexual penetration of a minor is illegal if it took place in the context of an exploitative relationship where the minor is aged 16 and above, but below 18.

Sexual grooming and sexual communication (as defined previously in this article) are treated similarly where they involve an exploitative relationship with a victim aged 16 and above, but below 18.

Which relationships are recognised as exploitative?

The courts will then determine whether a relationship was exploitative, considering the circumstances of each case.

Certain factors must be taken into account in deciding whether relationship was exploitative, namely, the age of the minor, age difference, and nature of the relationship, as well as the degree of control or influence exercised by the accused person over the minor.

Some categories of relationships are also presumed to be exploitative.

This includes relationships between a parent/guardian and their child/ward, a partner of the parent and their child, a medical practitioner and their patient, a lawyer and their client, as well as a teacher/tutor/instructor and their student, in an established personal relationship.

Persons accused of offences which take place in the context of such relationships must prove to the court that the relationship was not exploitative.

New offences

Among the changes which came into effect on Jan. 1, 2020, was the introduction of new offences.

Some of these offences specifically protect minors, such as the new offence targeting "child abuse material", which covers the creation and distribution of child pornography, among others.

Others recognise new offences which may be committed against both non-minors and minors, such as cyber-flashing and voyeurism.

Child pornography

Child pornography is now targeted under a new offence of "using or involving child in production of child abuse material".

While the term "child pornography" is not explicitly mentioned in the offence, an MHA factsheet explains that it will be tackled under the new offence.

Previously, laws used to prosecute the creators or distributors of child pornography did not distinguish between child pornography and other types of obscene films, and were spread out across three different acts, namely, the Penal Code, the Films Act, and the Undesirable Publications Act.

Flashing and cyber-flashing

Flashing, whether it happens in real life or online (referred to as "cyber-flashing") has been specifically targeted through a new offence of sexual exposure.

This includes cases where offenders send images of genitalia, with intention to cause humiliation, distress, or alarm.

This had previously been covered by laws against obscene images in generally, which did not recognise the element of intent.

Voyeurism

The recording, distribution, and access to intimate images without consent has been facilitated by advances in technology, MHA acknowledged.

A specific offence was introduced, criminalising acts of voyeurism as well as acts done to facilitate it.

This includes installing equipment, as well as constructing or adapting a structure to enable a voyeuristic offence.

Measures to facilitate reporting and prosecution of sexual offences against minors

The legal process, including reporting an offence to the police, and appearing in court can be an intimidating, especially for a minor.

Therefore, aside from penalties, an important way that minors are protected from sexual offences is through measures to encourage reporting of sexual offences against them, so that the offences can be prosecuted.

Protecting witnesses

The Children and Young Persons Act (CYPA) in Section 28 states broadly, that courts must "take steps for removing the child or young person from undesirable surroundings".

It must also pay attention to their needs, and the risks that they may face, and take steps to prevent ill-treatment from recurring.

Minors to be accompanied in court

The CYPA also mandates that the parent or guardian of a minor must be present in court with them in Section 31. However, the court may also require the parent or guardian to "withdraw from the court" where it appears necessary.

This might be the case, for example, where a judge is of the opinion that the presence of the parent or guardian might cause the minor to be afraid of disclosing certain matters while serving as a witness.

Evidence can be given with privacy measures

Witnesses are also given privacy when giving evidence, and are able to do so over video link, as provided for under the Criminal Procedure Code (CPC), in Section 281.

Notably, witnesses under 18 are specifically mentioned as a group that may require such protection.

The court may also order that certain persons (such as trusted relatives of the minors) should be present with them, and that certain others (such as accused persons) must be kept away while the witness is giving evidence.

Vulnerable witness support programme

Additionally, the State Courts has a vulnerable witness support programme, designed to support to vulnerable witnesses in criminal cases.

Under the programme, witnesses will be accompanied by volunteers who act as a source of information on court procedures, help them to get familiar with the environment in the court, and provide continued emotional support.

Have the measures been successful?

Given that many of the laws and amendments discussed in this article came into effect on Jan. 1, 2020, it is perhaps too early to say whether they have been successful in achieving their intended outcomes.

The legal framework contains penalties against offences on one hand, as well as procedures helping minors on the other.

In evaluating the law protecting minors, it is important to ensure that both sides of the equation are working as designed.

Conflicting KPIs

It should also be kept in mind that penalties and procedures may have conflicting "KPIs".

Penalties against offences, put in place to deter offenders, would hopefully reduce the incidence of sexual offences against minors.

However, procedures designed to to encourage the reporting of offences and ensure their prosecution, if effective, would ideally cause more of such offences to come to light.

Other aspects of protection for minors

The law, and the legal framework it sets in place, are only part of the picture when it comes to the protection of minors.

The Ministry of Social and Family Development and its child protective services, as well as non-government organisations such as AWARE, which deal with such matters, also play an important part in ensuring that children are protected from offences.

For example, AWARE runs a Sexual Assault Care Centre (SACC) that provides certain free services, including counselling, information on reporting and court processes.

There are also befrienders who can provide company and advice through the various steps of the legal process, which may include visits to police stations and hospitals.

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Hotlines for those in need:

AWARE SACC helpline

6779 0282

ComCare Call

1800-222-0000

SOS (24 hours daily)

1800-221-4444

MSF Child Protective Service

1800-777-0000

Care Corner Project StART

6476 1482

PAVE Integrated Services for Individual and Family Protection Specialist Centre (ISIFPSC)

6555 0390

TRANS SAFE Centre

6449 9088

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