Singapore legislation

Section 376G

of Penal Code 1871

Section 376G

Incest

Amended by15/201915/201915/201915/201915/201915/2019

(1)

Any person (A) of or above 16 years of age who —

(a)

penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

(b)

sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

(c)

causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or

(d)

causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A,knowing that B is a close family relative, shall be guilty of an offence.

Amended by15/2019

(2)

For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half‑sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock).

Amended by15/2019

(3)

A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years.

Amended by15/2019

(4)

This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(1)(a) or (2) or 376AA(1).

Amended by15/2019

(5)

To avoid doubt —

(a)

it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and

(b)

it is not a defence that B did consent to that act.

Amended by15/2019

(6)

A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section.

Amended by15/2019