Sections 375 (”Rape”) and 376A (”Sexual penetration of minor under 16″) share similar marital rape immunity:
From the above, it seems to me that as long as a wife is staying together with her husband, legally married to each other, even if her husband forces himself on her is not RAPE.
No man shall be guilty of an offence under [relevant 375 or 376A subsections], if his wife is not under 13 years of age, except where at the time of the offence –
- his wife was living apart from him –
- under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;
- under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;
- under a judgment or decree of judicial separation; or
- under a written separation agreement;
- his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;
- there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;
- there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or
- his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.
The definition of rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent.
"Rape is rape is rape. An extreme form of violence and violation. Rape of a woman by her husband should be treated just like any other kind of rape. Abolish marital rape immunity. There can be no exceptions."
I agree entirely with the statement above which I found on this website which was set up by a group of concerned Singaporeans.
As such I would like to take this opportunity to help spread the word and post the following announcement on behalf of the 'No to Rape' Team.....
The No To Rape campaign would like to invite you to attend Towards Criminalising Marital Rape: A Public Seminar.
It is not illegal for a man to rape his wife under current Singapore law (with limited exceptions). No To Rape believes the law should treat all non-consensual sex in the same way - as criminal violence - even if the parties are married to each other. An online petition at NoToRape.com shows that more than 1,400 have agreed since 1 July 2009 - and the numbers continue to grow.
Bringing together expert speakers who have studied and worked on marital rape and domestic violence in a range of fields - from law to social work to activism - Towards Criminalising Marital Rape is a unique opportunity to explore the issues raised by the campaign's call to abolish marital immunity for rape.
Do you want to know more about what domestic violence in Singapore is really like? Are you interested in how to make the No To Rape objective a legislative reality? Or would you like to put your doubts about and disagreements with No To Rape to the experts? This is your chance.
* Dana Lam, President of AWARE
* Benny Bong, President of Society Against Family Violence
* Chan Wing Cheong, NUS Law Faculty
* Braema Mathi, MARUAH, the Singapore working group for an ASEAN human rights mechanism
* Siew Kum Hong, former NMP
Presentation titles and abstracts can be found at http://www.NoToRape.com/Seminar
7 Aug 2009, Fri
6:30 – 9:30 pm
Free admission + Open to public (registration required)
Register at http://www.NoToRape.com/Seminar
We look forward to seeing you there. Please feel free to send this invitation to anyone who might be interested in the event.
From 'No To Rape' team