Underage Sex & Statutory Rape

What is the legal age to have sex?

It is illegal to have sex with a person under the age of 16 with or without the minor’s consent. Sex with a person below 16 is called “Statutory Penetration of a Minor Under 16″, S376A, Penal Code.

If the minor is a girl below 14, the offence is called statutory rape.

What constitutes statutory rape?

A girl under 14 years of age is deemed not to be able to consent to sex. Thus, the sexual penetration of a person under 14 years old is deemed to be rape or unlawful sexual penetration, liable to imprisonment for a term up to 20 years plus fine or caning.

Is it an offence to have sex with a minor under 16 years old?

Yes, the penetration of a penis into the vagina, mouth or anus of a minor under 16 years old regardless of whether she consents to the act is an offence, liable to imprisonment for a term not exceeding 10 years and / or fine. (Penal Code S377).

What if both parties are below 14 years of age?

Technically, this still constitutes the offence of statutory rape. However, the police, exercising its discretion and taking into account the age of the parties, may not initiate any charges.

What if both parties are 15 years of age?

Technically, this still constitutes the offence of Statutory Penetration of a Minor under S376A, Penal Code. However, the police, exercising its discretion and taking into account the age of the parties, may not initiate any charges.

What if the girl initiated the sex?

If the girl who is under 16 caused the boy to have sex with her, she may be the guilty party under the offence of Statutory Penetration of a Minor under S376A, Penal Code.

Can a 15 year old boy be a victim of rape?

No, legally, a boy cannot be a victim of rape as rape is narrowly defined under S375, Penal Code as the penile penetration of a vagina. However, he may be the victim of the offence under S376A, Penal Code – the Sexual Penetration of Minor under 16.

Click on these links for more information on rape and sexual assault:

  1. Rape & Sexual Assault
  2. Understanding Consent
  3. Abusive Relationships
  4. Date Rape
  5. Underage Sex & Statutory Rape
  6. Possible precautions
  7. What is Sexual Harassment?
  8. Legal Rights
  9. Get Help
  10. How To Report Sexual Harassment On SMRT Trains
  11. AWARE launches Sexual Assault Care Centre



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About AWARE

Overview VISION A society where there is true gender equality – where women and men are valued as individuals free to make informed and responsible choices about their lives. MISSION To remove all gender-based barriers so as to allow individuals in Singapore to develop their potential to the fullest and realise their personal visions and […]more →