Why ex-actor Ian Fang didn't get caned for having sex with underage girl, then 15

On May 19, former Mediacorp actor Ian Fang, 35, was sentenced to 40 months' imprisonment after he was convicted of having sex with a girl below the age of 16.

Specifically, he pleaded guilty to three counts of sexually penetrating the victim, and five other charges were taken into account during his sentencing.

According to court documents seen by Mothership, Fang committed his crime after meeting the victim at an entertainment event in May 2024.

At the time, he had left Mediacorp and was working as an acting teacher at a child modelling school with students aged four to 14.

Besides violating the victim multiple times between Jun. 6 and 20, 2024, Fang, then 34, was also accused of stalking the girl 18 times within a day on Sep. 22, sending her a WhatsApp message and logging into her virtual room on a karaoke app.

He was charged with obstructing justice as well, as he threatened the victim that he would take his life if he went to jail and asked her to tell her mother that she did not want him to go to jail or press charges against him.

Following Fang's sentencing, some online users contended that the punishment was too light, while others questioned why Fang was not caned for his offences, reported 8world News.

According to lawyers interviewed by 8world, caning was not part of Fang's punishment because of the victim's age — 15 — at the time of the offences.

Different story if victim were below 14 or above 16

One of the lawyers interviewed by 8world said that Fang's case could turn out differently if the victim were below the age of 14 or above the age of 16 when Fang violated her.

"If, hypothetically, the girl were below the age of 14, then [Fang] would have been charged with rape, and the penalty for rape will include caning."

If convicted of the sexual penetration of a minor under 14 years, he could have been jailed up to 20 years, and fined or caned.

If convicted of raping a minor under 14 years, while in an exploitative relationship with the victim, he could have been jailed between eight and 20 years, and received at least 12 strokes of the cane.

Conversely, if the victim were above the age of 16, which is the age of consent in Singapore, then it would have been possible for Fang not to be charged in court if she had consensual sex with him, added the lawyer.

Different story if offender and victim were in exploitative relationship

There are cases where those convicted of sexually penetrating a minor between the ages of 14 and 16 do get caned.

Under Section 376(A) of the Penal Code, caning may apply if the offender and the victim were in a relationship which exploited the minor.

Court documents indicated that Fang's offences took place after he and the victim were in a "relationship", in which "the victim started seeing him as a boyfriend".

'High' degree of exploitation in Fang's case

As for whether Fang's punishment was "too light", the same lawyer told 8world that a 40-month jail sentence is "actually a heavier sentence for a case like his", especially since Fang pleaded guilty to his offences early.

Nevertheless, the lawyer submitted that there was an element of sexual exploitation in Fang's case, which constituted an aggravating factor and uplifted his sentencing.

In the prosecution's address on sentence, the prosecution also argued that the degree of exploitation in Fang's case was "high", citing that he had unprotected sex with the victim while she was ill.

In one instance, Fang had sex with the victim when she was quarantined at a hotel after contracting Covid-19.

In another incident, he had sex with her at a hospital after she was diagnosed and admitted for the flu.

Likewise, the judge presiding over Fang's case also said that while this was his first brush with the law, he took advantage of the girl's naivety and emotional vulnerability, reported CNA.

Additionally, Fang's attempt to "gaslight the victim" to save himself from facing the consequences of his crime was "egregious", said the judge.

Fang is expected to begin serving his jail term on Jun. 16 after the court granted him a deferral to settle his personal affairs.

Helplines

If you or someone you know is in mental distress, here are some hotlines you can call to seek help, advice, or just a listening ear:

SOS 24-hour Hotline: 1-767

Singapore Association for Mental Health: 1800-283-7019

Institute of Mental Health: 6389-2222 (24 hours)

Tinkle Friend: 1800-274-4788 (for primary school-aged children)

SHECARES@SCWO: Call: 8001-01-4616 | Whatsapp: 65714400 (for targets of online harms)

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Top images via Ian Fang/Facebook