The former section 375 of the Singaporean Penal Code contained an exception which stated that "sexual intercourse by a man with his own wife ...is not rape". This has been commonly interpreted to mean that it was not possible to convict a husband of the offence of rape on his wife under any circumstances so long as they remain legally married. The only qualification to the blanket immunity for husbands is that the wife must not be under 13 years of age. For example, one commentator wrote: In Singapore ... under no circumstances would a husband be guilty of the rape of his wife so long as she is not under thirteen years of age. The only possible exception might be where the court has granted a decree nisi of divorce although even this is doubtful.

The Prevention of Human Trafficking Act 20141 developed by MP Christopher de Souza together with the Inter-Agency Taskforce on Trafficking in Persons set up in 2010, came into effect on 1 March 2015. POHTA is an important step in Singapore's anti-trafficking efforts. First, existing laws do not specifically address trafficking in persons ("TIP"), focus on outcomes rather than process, are couched in vague terms, and in some cases have not been utilised at all. For example, sexual exploitation cases with TIP elements are often prosecuted as prostitution-related offences under the Women's Charter 3 or the Penal Code. These aim towards protection of women and minors, not men. Further, such provisions do not distinguish between consensual and forced prostitution. Secondly, POHTA comprehensively provides for various aspects of tackling TIP, eg victim protection and enforcement procedures. Thirdly, it signals the seriousness with which the Government views TIP. In this note, we critically analyse POHTA, highlighting its issues and uncertainties_x000D_ which would, it is hoped, be addressed by the courts in the course of applying the POHTA.