Criminalising teen girls for initiating sex?

 

We’re a country that accepts a defense of  ”Don’t look at me, it’s not my fault, the child seduced me to have sex with her” on Pg 2 of its national newspapers.

 

 

“In an age when more teenagers below the legal age of 16 for consensual sex are having sex – sometimes with the under-aged girl initiating the act – are we indulging the girls by absolving them of responsibility for their actions?

Counsellors say that in cases where it is clear the girl is a willing party or even initiated the sex, they should bear part of the responsibility.

Some 310 girls under 16 were caught last year for engaging in consensual sex- a 44 per cent increase from 216 in 2007. In the first half of this year alone, the police recorded 37 cases of statutory rape involving minors below 14 who had consensual sex, up from 21 in the same period last year.

Mrs Chong Cheh Hoon, senior vice-president of Focus On The Family*, said: “Research has shown that for any juvenile crimes or sexual promiscuous behaviour, the chance of re-offence is higher when there is no or minimum therapeutic or intervening actions.”   “

 

 

 

http://www.todayonline.com/Comment/EDC091012-0000020/Damsels-in-distress—or-are-they

http://www.todayonline.com/Print/Comment/EDC091012-0000020/Damsels-in-distress—or-are-they (print version)

 

*Focus On The Family is a  US-based fundamentalist group which promotes homophobia and abstinence-only education

 

 

 

 

Why is prosecuting the child for having consensual the stupidest proposal ever?

 

 

I had this dialogue on my Facebook page which i reproduce here:

 

 

FRIEND:

OH! yeah, i get what u mean… tho sometimes I wonder if the child is at fault too… i recall hearing of a schoolmate in sec sch whose gf back then demanded alimony from her prev ex bf (she was like.. i dunno 15 or 16 back then?) we suspected they’d had sex n she was milking him for wat it’s worth on threat of reporting it to the cops or sth… n this was like.. more than 10 yrs ago…

 

 

 

MATHIA:

But the whole purpose of the law making it illegal for an adult to have sex with a minor is based on the premise that the child does not have the capacity to consent. These people are not arguing to have the age limit lowered eg to 14 or 12 etc. They are arguing to prosecute the child. To prosecute someone is to presume that the individual has the capacity to consent/decide. Which totally contradicts the original law. Which is totally stupid, because you victimise the girl twice.

What’s being prosecuted now is simply, sex.

 

 

 

FRIEND:

i dunno , cos if the kid is initiating sex… i’m really not quite sure what to make of her. heck! when i was tt age the only thing i was thinkin of was when my fav cartoon will be aired.. not bfs n sex!
Although I must admit adults having sex with kids is totally unacceptable. I know I’m contradicting myself somewhat.. but i really can’t wrap my mind around the whole idea of a young teenage girl initiating sex with an adult.. like… what the heck?

 

 

 

 

MATHIA :

For an act to be justly labelled a crime, there must be someone harmed by that act. (Which is why euthanasia, suicide laws are so controversial). When a child initiates sex with an adult and gets to have sex, who is harmed? Is the adult? If I as a 30 yrs old initiates sex with a fellow 30 yrs old, and that person consents, is anyone harmed, and is there a crime? No. Because the law recognises that a 30 yr old has the capacity to consent and so there is no crime in consensual sex. Similarly, if a child initiates sex with an adult, the adult has capacity to consent and so is not harmed, but has to be reponsble for his/her decision. In fact under “Sexual grooming of minor under 16 Penal Code 376E.” , the INTENTION of obtaining sex from a minor is a criminal act.

On the other hand, when the child initiates and has sex with an adult, is the child harmed? That depends on whether this child has the capacity to consent. If we deem a 15 yr old incapable, then the child is harmed, and the adult is solely responsible and punishable. That’s the basis of statutory rape. If we deem a 15 yr old capable of consent, then it is law that we must change ie. by lowering the age of consent. We cannot punish the 15 yr old for a law we disagree with.

It simply makes no sense to punish a 15 yr old child for enforcing a law we have set.

 

 

I do agree that society should be opened and concerned enough to debate what we should set as the age of consent. I don’t believe that anyone would prosecute a 5yr old or  an 8 yr old for initiating sex with an adult. So I don’t believe that anyone would want to do away with stat rape laws totally. We then need to decide where to draw the line. Can a 10 yr old consent? Can a 12 yr old consent? A 14yr old? A 15 yr old? A 17 yr old?

Currently the law recognises 2 lines. Sex with a girl/boy under 14yrs gets the rapist 8 – 20yrs in jail + 12 or more strokes. Sex with a girl/boy 15 and 16yrs gets the rapist up to 10yrs in jail. If we do not think the law is fair, then we need to give reason & campaign for its review.

We also need to decide at what age can a person be capable of being legally culpable under this law. If we say that a 16 yr old does not have capacity to consent, a 16 yr old should not be charged for the same law, male or female

The law also recognises this. If the “rapist” was below 21 yrs old, ignorance of age of the “victim” is a valid defense, but not if the rapist was above 21 yrs old.

 

 

Now if the adult actually PAYS the child for sex, then the age of consent is no longer 16yrs, but 18yrs, because commercial sex with a minor 18yrs and below carries a sentence of 2yrs + fine or both.

 

 

Reference: Singapore Penal Code 375, 376, 377D

http://statutes.agc.gov.sg/non_version/html/homepage.html

 

if anyone reading finds that i’ve interpreted any aspect of the law wrongly, I’ll be happy to be corrected.

 

 

Quoting the relevant selections of the above Penal code reference:

 

 

Sexual offences

Rape
375. —(1) Any man who penetrates the vagina of a woman with his penis —

 (b) with or without her consent, when she is under 14 years of age,

shall be guilty of an offence.

[51/2007]

(2) Subject to subsection (3), a man who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

[51/2007]

Sexual assault by penetration
376. —(1) Any man (A) who —

(a) penetrates, with A’s penis, the anus or mouth of another person (B); or

(b) causes another man (B) to penetrate, with B’s penis, the anus or mouth of A,

shall be guilty of an offence if B did not consent to the penetration.

[51/2007]

(2) Any person (A) who —

(a) sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of another person (B);

(b) causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person (C); or

(c) causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,

shall be guilty of an offence if B did not consent to the penetration.

[51/2007]

(3) Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

[51/2007]

(4) Whoever —

 (b) commits an offence under subsection (1) or (2) against a person (B) who is under 14 years of age,

shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

[51/2007]

 

Sexual penetration of minor under 16
376A. —(1) Any person (A) who —

(a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B);

(b) sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of a person under 16 years of age (B);

(c) causes a man under 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

(d) causes a person under 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,

with or without B’s consent, shall be guilty of an offence.

[51/2007]

(2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

[51/2007]

(3) Whoever commits an offence under this section against a person (B) who is under 14 years of age shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

[51/2007]

(4) No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse.

[51/2007]

Commercial sex with minor under 18
376B. —(1) Any person who obtains for consideration the sexual services of a person, who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

[51/2007]

(2) Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Commercial sex with minor under 18 outside Singapore
376C. —(1) Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence.

[51/2007]

(2) A person who is guilty of an offence under this section shall be liable to the same punishment to which he would have been liable had he been convicted of an offence under section 376B.

[51/2007]

[NZ CA 1961, s. 144A]

Tour outside Singapore for commercial sex with minor under 18
376D. —(1) Any person who —

(a) makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person;

(b) transports any other person to a place outside Singapore with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; or

(c) prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 376C, or to assist any other person to engage in such conduct,

shall be guilty of an offence.

[51/2007]

(2) For the purposes of subsection (1)(c), the publication of information means publication of information by any means, whether by written, electronic, or other form of communication.

[51/2007]

(3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

Sexual grooming of minor under 16
376E. —(1) Any person of or above the age of 21 years (A) shall be guilty of an offence if having met or communicated with another person (B) on 2 or more previous occasions —

(a) A intentionally meets B or travels with the intention of meeting B; and

(b) at the time of the acts referred to in paragraph (a) —

(i) A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence;

(ii) B is under 16 years of age; and

(iii) A does not reasonably believe that B is of or above the age of 16 years.

[51/2007]

(2) In subsection (1), “relevant offence” means an offence under —

(a) section 354, 354A, 375, 376, 376A, 376B, 376F, 376G or 377A;

(b) section 7 of the Children and Young Persons Act (Cap. 38); or

(c) section 140(1) of the Women’s Charter (Cap. 353).

[51/2007]

(3) For the purposes of this section, it is immaterial whether the 2 or more previous occasions of A having met or communicated with B referred to in subsection (1) took place in or outside Singapore.

[51/2007]

(4) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

[51/2007]

[UK SOA 2003, s. 15]

Procurement of sexual activity with person with mental disability
376F. —(1) Any person (A) shall be guilty of an offence if —

 [51/2007]

[UK SOA 2003, ss. 78, 79; WC 1997 Ed., s. 12(3)]

Mistake as to age
377D. —(1) Subject to subsections (2) and (3) and notwithstanding anything in section 79, a reasonable mistake as to the age of a person shall not be a defence to any charge of an offence under section 376A(2), 376B or 376C.

[51/2007]

(2) In the case of a person who at the time of the alleged offence was under 21 years of age, the presence of a reasonable mistaken belief that the minor, who is of the opposite sex, was of or above —

(a) the age of 16 years, shall be a valid defence to a charge of an offence under section 376A(2); or

(b) the age of 18 years, shall be a valid defence to a charge of an offence under section 376B or 376C.

[51/2007]

(3) For the purposes of subsection (2), the defence under that subsection shall no longer be available if at the time of the offence, the person charged with that offence has previously been charged in court for an offence under section 376A, 376B, 376C or 376E, or section 7 of the Children and Young Persons Act (Cap. 38) or section 140(1)(i) of the Women’s Charter (Cap. 353).

[51/2007]

[WC 1997 Ed., s. 140(4) and (5)]