Written by Cheryl Ng, Criminal Defence Advocate
What is rape?
Rape is when a man penetrates a woman's vagina with his penis without her consent. Since 1 January 2020, it also covers a man penetrating another person's mouth or anus with his penis without that person's consent (section 375 of the Penal Code). Where the other person is below 14 years of age, it is rape whether or not that person agreed, because the law treats a person below 14 as unable to give consent for this purpose.
Maximum punishment
A person convicted of rape can be sentenced to up to 20 years' imprisonment, and may also be fined or caned (section 375(2)). 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 of rape more seriously and fixes a higher minimum punishment. This applies where the man, in order to commit the rape, voluntarily causes hurt to the victim or another person, or puts the victim or another person in fear of death or hurt; or where the rape is committed against a person below 14 years of age without consent; or where it is committed against a person below 14 with whom the man is in a relationship that is exploitative of that person (section 375(3)). In these situations the punishment starts at a minimum of 8 years' imprisonment, rising to a maximum of 20 years, together with caning of at least 12 strokes.
Defences
The main defence to a charge of rape is a mistake about consent — where the man genuinely believed, by reason of a mistake of fact made in good faith, that the other person was consenting to the act (section 375(5)). It is for the accused to prove this, and the belief must be genuinely and honestly held; it is not enough to claim afterwards that consent was simply assumed.
Where the complainant had been drinking or was intoxicated, whether he or she was capable of giving consent is a question of fact. There is no fixed rule, and the court decides it based on the particular facts and circumstances of each individual 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. For rape, the Court of Appeal has set out a structured approach in Ng Kean Meng Terence v Public Prosecutor [2017] SGCA 37. The court first places the offence into one of three bands, according to how the offence was committed and the harm caused, to arrive at an indicative starting sentence. It then adjusts that figure up or down to reflect factors personal to the offender, such as previous convictions, genuine remorse, or a plea of guilt.
| Band | Seriousness | Indicative sentence |
|---|---|---|
| Band 1 | Lower end of seriousness; no offence-specific aggravating factors, or only to a very limited extent | 10 to 13 years' imprisonment and 6 strokes of the cane |
| Band 2 | More serious; two or more offence-specific aggravating factors | 13 to 17 years' imprisonment and 12 strokes of the cane |
| Band 3 | The most serious cases, often involving particularly vulnerable victims and/or serious violence | 17 to 20 years' imprisonment and 18 strokes of the cane |
If you are being investigated for, or have been charged with, rape, 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.