Nov 23, 2009
Consensual underage sex: Review two law issues
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I REFER to the report, 'When teens have consensual sex' (Nov 1) and the letter by Mr Vikram Ranjan Ramasamy, 'Decriminalise consensual underage sex' (Nov 13).
I agree there is a need to reconsider the overlapping criminal offences on consensual underage sex found in the Women's Charter and the Penal Code.
In this connection, I wish to point out two matters which should be considered when this legislative overhaul takes place.
First, the age at which society is prepared to allow young girls to have sexual intercourse needs to be thought out. The present law is inconsistent in that consensual sex with a girl under the age of 16 is a serious offence under the Penal Code, punishable with imprisonment of up to 10 years and/or a fine, but it is not a criminal offence for a man to have sex with his wife who is at least 13 years old.
If we are concerned about the emotional and physical well-being of young girls engaging in sex, it cannot be right to allow men to have sex with their wives between the ages of 13 and 16, just because they are married to each other. The marriage will most likely have taken place with a foreigner overseas, where marriages with young brides are allowed.
The second matter relates to the duty to make a police report when one becomes aware of the underage sex. The duty applies to everyone, such as parents, teachers, counsellors and doctors. Although one does not need to make the report if one has a 'reasonable excuse', the meaning and scope of this exception has not been tested in the courts. It cannot be right to have this threat of criminal prosecution hang over the heads of those who wish to help the parties involved and may deter the young girl from seeking help, leading to dire consequences.
I urge the authorities to amend the laws soon.
Chan Wing Cheong
Consensual underage sex: Review two law issues
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<!-- end left side bar --><!-- story content : start -->
I REFER to the report, 'When teens have consensual sex' (Nov 1) and the letter by Mr Vikram Ranjan Ramasamy, 'Decriminalise consensual underage sex' (Nov 13).
I agree there is a need to reconsider the overlapping criminal offences on consensual underage sex found in the Women's Charter and the Penal Code.
In this connection, I wish to point out two matters which should be considered when this legislative overhaul takes place.
First, the age at which society is prepared to allow young girls to have sexual intercourse needs to be thought out. The present law is inconsistent in that consensual sex with a girl under the age of 16 is a serious offence under the Penal Code, punishable with imprisonment of up to 10 years and/or a fine, but it is not a criminal offence for a man to have sex with his wife who is at least 13 years old.
If we are concerned about the emotional and physical well-being of young girls engaging in sex, it cannot be right to allow men to have sex with their wives between the ages of 13 and 16, just because they are married to each other. The marriage will most likely have taken place with a foreigner overseas, where marriages with young brides are allowed.
The second matter relates to the duty to make a police report when one becomes aware of the underage sex. The duty applies to everyone, such as parents, teachers, counsellors and doctors. Although one does not need to make the report if one has a 'reasonable excuse', the meaning and scope of this exception has not been tested in the courts. It cannot be right to have this threat of criminal prosecution hang over the heads of those who wish to help the parties involved and may deter the young girl from seeking help, leading to dire consequences.
I urge the authorities to amend the laws soon.
Chan Wing Cheong
