Consent should always be sought for sex – including with a spouse. If your spouse has sex with you without your consent, that is sexual assault.
Some people think that you can’t say ‘no’ to sex with your spouse, but this isn’t true. You deserve to have your boundaries respected.
You can require your spouse to use a condom for any reason. If you require this and they go ahead without one, that is sexual assault.
Globally, the World Health Organisation names sexual assault by spouses as a serious public health issue. SACC receives calls from women with such experiences.
What does the law say?
Under Singapore law, a man who forces his wife to have sex (penis in vagina, mouth or anus) with him is guilty of the offence of ‘rape’ (s375, Penal Code), as of 2020. There is no longer any immunity for rape within marriage in Singapore.
There is also an offence of ‘sexual assault involving penetration’ (s376, Penal Code) which deals with other kinds of sexual penetration without consent (e.g. oral, anal, penetration of the vagina by fingers or an object). The penalties are the same as for the offence of rape. S376 also covers cases where a woman penetrates her husband (e.g. with fingers or an object) without his consent, and cases where a woman forces her husband to penetrate her with his penis.
What are your options?
If you have been sexually assaulted by a spouse, you have several options.
- Make a police report. The police will investigate. If there is enough evidence, the perpetrator can be charged in court. If found guilty by the judge, he will face punishment (e.g. jail, fine, caning). You can find out more about making police reports here.
- Apply for a personal protection order (PPO) in the Family Court. PPOs are court orders available under the Women’s Charter, telling the perpetrator to stop committing violence. Disobeying a PPO is an criminal offence which may result in charges. You can find out more about PPOs here (AWARE website) and here (Family Court website).
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File a Magistrate’s Complaint: This is a complaint to the State Court which may encourage the police to take action. More information here.
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Apply for a Protection Order under the Protection from Harassment Act. More information here.
- Seek support from SACC. All our services are free.
- We can arrange an appointment with a lawyer to help you better understand the legal processes and your options.
- We can provide a befriender to go with you to the police station and/or Family Court.
- We can arrange for a counsellor with the experience and sensitivity needed to support you.
For more information on SACC’s services, click here.
