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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Case and Legislation Notes

    Penal Code (Amendment) Act 2007: Rape Within Marriage

    Citation: [2009] Sing JLS 257
    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.
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