Written by Cheryl Ng, Criminal Defence Advocate
What is outrage of modesty?
Outrage of modesty — commonly called molestation, or "molest" — is when a person assaults another person or uses force on them, intending to outrage that person's modesty or knowing it is likely to do so (section 354 of the Penal Code). In practice it covers unwanted sexual touching, such as groping or touching another person's body or private parts without consent. Some physical act or contact is required; words or staring alone are not enough. The offence is gender-neutral: both the offender and the victim may be a man or a woman.
Maximum punishment
A person convicted of outrage of modesty can be sentenced to up to 3 years' imprisonment, or a fine, or caning, or any combination of these (section 354(1)). The maximum was raised from 2 years to 3 years with effect from 1 March 2022. Caning cannot be imposed on women, on men above 50 years of age at the time of sentencing, or on a person sentenced to death.
The law treats certain cases more seriously. Where the offence is committed against a person below 14 years of age, the maximum rises to 5 years' imprisonment, with a fine or caning, or any combination (section 354(2)). Separately, where a person causes hurt, wrongful restraint, or fear of these in order to commit the offence, or commits it in a lift, higher minimum sentences apply (section 354A).
Defences
There is no special statutory defence to this offence. In practice, a defence usually turns on challenging one of the things the Prosecution must prove. For example, the Prosecution must prove that the contact happened at all; that it was the accused who did it; that the contact was intentional rather than accidental; that the accused intended, or knew it was likely, that the act would outrage the other person's modesty; or that the complainant did not consent. Whether contact in a crowded place was deliberate or accidental is often a key factual question, decided on the particular facts of each case.
How the court decides the sentence
Within the range set by law, the actual sentence depends on the seriousness of the offence and the circumstances of the offender. The court uses the two-step approach set out in Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor [2018] SGHC 9. It first places the offence into one of three bands — looking at factors such as the part of the body touched, whether there was skin-to-skin contact, the use of force, any abuse of trust, and the harm caused — to arrive at an indicative starting sentence. It then adjusts that figure to reflect factors personal to the offender, such as previous convictions, genuine remorse, or a plea of guilt.
| Band | Seriousness | Indicative sentence |
|---|---|---|
| Band 1 | Least serious; a fleeting touch or no skin-to-skin contact, and no intrusion into private parts | Less than 5 months' imprisonment |
| Band 2 | Moderate seriousness; often involving skin-to-skin contact or intrusion into private parts | 5 to 15 months' imprisonment |
| Band 3 | The most serious cases, with several aggravating factors | 15 to 24 months' imprisonment |
These band figures were set in 2018, when the maximum sentence was 2 years. The courts have not yet recalibrated them to reflect the increase of the maximum to 3 years in 2022.
If you are being investigated for, or have been charged with, outrage of modesty, the steps you take at an early stage can make a real difference. Contact us to arrange a confidential discussion about your situation.
The information on this page is general in nature and may not reflect the latest developments. The law, including case law, changes and develops over time. Nothing on this page constitutes legal advice, and reading it does not create a solicitor–client relationship. For advice on your own situation, please contact us.