Gay Sex Is A Criminal Offence In Singapore
Author: Chris Chew

Singapore is a conservative country, its government repeated
many times when the subject of its gay sex law is being
discussed. The government explained that because of conservative
population, it will not decriminalize the country's gay sex law
or at least not in the near future.

On April 12, 2007, Singapore Law Society tells the government
that the retention of gay sex laws cannot be justified. The
existing gay sex law with comments are as follows:

Singapore Penal code section 377 states that - Whosoever
voluntarily has carnal intercourse against the order of nature
with any man, woman or animal, shall be punished with
imprisonment for life, or with imprisonment for a term which may
extend to 10 years, and shall also be liable to a fine.

Comments - The term 'unnatural sex' has been settled by
Singapore courts as to mean sodomy and oral sex. So if the penis
goes into another person's anus or mouth, this clause will
apply, even if both are adults and consenting. This could also
mean that a heterosexual couple engaging in oral or anal sex may
also be committing a criminal act.

377(A) of the same penal code went on to state that - Any male
person who, in public or private, commits or abets the
commission of or procures the commission by any male person of,
any act of gross indecency with another male person, shall be
punished with imprisonment for a term which may extend to 2
years.

This clause is unique in that it specifically applies to gay
men only and not to women or lesbians. The term 'Gross
indecency' is a wide term which, from past legal precedents,
covers mutual masturbation, indecent physical contact to the
groin, or even indecent behavior without physical contact. Again
the law applies even if the acts are done between consenting
adults, and whether or not the act was committed in private.

Is Singapore's gay sex law to archaic and needs to be repealed?
The Singapore Law Society certainly thinks so when it wrote to
the government to review and to make changes to the existing
penal codes. It released a statement disagreeing with the
Ministry of Home Affair's proposal to retain the country's laws
against gay sex. Here is excerpts from some published reports:

The Law Society of Singapore, at the invitation of the Ministry
of Home Affairs (MHA) last November to comment on the
government's proposed amendments to the Penal Code has advised
the government that the retention of s.377A in its present form
cannot be justified.

Last November, MHA announced their intention to retain gay sex
laws although laws which criminalize anal and oral sex between
consenting heterosexual adults will be repealed as part of
Singapore's first major penal code amendments in 22 years.

Section 377A currently makes 'gross indecency' between two
males an offence punishable by up to 2 years imprisonment. The
Law Society, the professional association of lawyers in
Singapore, which formed an ad hoc committee of 16 members to
study the matter has issued a report that stated that the
majority of the Council considered that the retention of section
377A in its present form cannot be justified.

This does not entail any view that homosexuality is morally
acceptable, but follows instead from the separation of law and
morals and the philosophy that the criminal law's proper
function is to protect others from harm by punishing harmful
conduct.

Private consensual homosexual conduct between adults does not
cause harm recognizable by the criminal law. Thus, regardless of
one's personal view of the morality or otherwise of such
conduct, it should not be made a criminal offence.

Moreover, the assurance given by the Ministry of Home Affairs
in the Explanatory Notes to Proposed Amendments to the Penal
Code that were initially issued by MHA that prosecutions will
not be proactively prosecuted under this section is an admission
that the section is out of step with the modern world.

The retention of un-prosecuted offences on the statute book
runs the risk of bringing the law into disrepute. The council
also recognized that the above view did not necessarily
represent the views of its members collectively. A significant
minority of Council members as well as members of the Law
Society at large has an opposing view, which strongly supports
the retention of section 377A gay sex law of the Singapore Penal
Code.

They took the view that the criminal law can and should be
deployed to define what the majority or a significant proportion
of society believe to be unacceptable conduct even when it takes
place in private between consenting adults, and that there are
sufficient jurisprudential and logical grounds for this.
Differing views were expressed on the constitutionality of
section 377A.

In other jurisdictions, legal discrimination based on sexual
orientation has been considered against constitutional
guarantees of equal protection. The council did not come to a
concluded view on the constitutionality of section 377.

So in this country, engaging in gay sex is a criminal offence
with imprisonment as a form of punishment, at least for the time
being until the penal code is revised.


About The Author: Chris Chew is a researcher. More articles at
http://lawyers-attorneys-law.blogspot.com and
http://universityeducation.blogspot.com/2007/03/get-law-degree-online.html