LAW ON SEXUAL OFFENCES (Review)

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LAW ON SEXUAL OFFENCES:

(Review): 4.

Mr R Ravindran asked the Minister for Home Affairs in the light of the changed societal norms and values whether his Ministry will appoint a Committee to review the law on sexual offences in Singapore.

5.

Mr Chandra Mohan K Nair asked the Minister for Home Affairs whether section 377 (and perhaps section 377A) of the Penal Code (Chapter 224) will be reviewed with a view to amending, repealing or clarifying by way of

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"Explanation", "Exception" or "Illustration".

The Senior Minister of State for Home Affairs (Assoc. Prof. Ho Peng Kee) (for the Minister for Home Affairs): Mr Speaker, Sir, may I take Question Nos. 4 and 5 together?

Mr Speaker: Yes, please do.

Assoc. Prof. Ho Peng Kee: Thank you. Sir, MHA is currently reviewing the Penal Code in consultation with the Ministry of Law and the Attorney-General's Chambers. The aim of the review is to update the offences and penalties in the Penal Code to stay relevant in today's context.

Sections 377 and 377A are being examined as part of this review. Current societal norms will be taken into account in examining these sections. For section 377, one option being considered is to decriminalise consensual oral sex between a male and female so long as it is done in private and both of them are above 16 years of age. The fact is there has not been any prosecution for consensual oral sex in private between a male and female for many years, except in cases involving minors or those who are physically or mentally vulnerable.

Sir, there are several other provisions in the Penal Code and other legislation, such as the Children and Young Persons Act and the Women's Charter, that cover different sexual offences. In line with Mr Ravindran's suggestion, we will study if there is a need to expand, clarify or dovetail the scope of some of these offences. The review committee will consult MHA's Government Parliamentary Committee of which Mr Ravindran is Deputy Chairman, as well as other relevant Ministries and agencies, as appropriate. We expect to complete our review of sexual offences in two to three months' time.

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Mr Mohan asked if we would be amending, repealing or clarifying section 377 or section 377A by way of "explanation", "exception" or "illustration". Sir, this is a technical matter, concerning drafting approach, which is for the legal draftsmen to consider once the policy considerations have been settled. MHA will consult the Attorney-General's Chambers on the most appropriate approach to effect changes to the law.

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