Singapore legislation
Section 8B
Section 8B
Enhanced penalty for offence against victim in intimate relationship with offender
(1)
This section applies where an offender (A) is convicted of —
an offence under section 3, 4, 5 or 7 that is committed on or after 1 January 2020 against a victim who was or is in an intimate relationship with A; or (b)an offence under section 10 that is committed on or after 1 January 2020 for failure to comply with an order given in respect of a victim of a contravention of section 3, 4, 5 or 7 who was or is in an intimate relationship with A,and the enhanced penalty under section 8 does not apply to that conviction.
(2)
The court may sentence A to punishment not exceeding twice the maximum punishment that the court could impose for the offence under section 3, 4, 5, 7 or 10 (as the case may be), if at the time of committing the offence A knew or ought reasonably to have known that the victim (B) was or is in an intimate relationship with A.
(3)
In this section, the court may determine whether B was or is in an intimate relationship with A having regard to all the circumstances of the case, including the following:
whether A and B are living in the same household, although it is not necessary that they live in the same household;
whether A and B share the tasks and duties of their daily lives;
whether A and B have made arrangements to share expenses or financial support and the degree of financial dependence or interdependence between A and B;
whether there is a sexual relationship between A and B, although it is not necessary that there be a sexual relationship between them;
whether A and B share the care and support of a specific person below 21 years of age;
whether A and B conduct themselves toward their friends, relatives or other persons as parties to an intimate relationship, and whether A and B are so treated by their friends, relatives or other persons.
(4)
Subsection (2) does not apply where A proves that, despite A having been or being in an intimate relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence.
(5)
In subsection (4), “harm” means —
any physical harm;
harassment, alarm or distress; or
being caused to believe that unlawful violence will be used against the victim.