Assault and the use of ‘criminal force’ are both crimes in Singapore.
Assault is when a person does an action that makes another person (the victim) think that they are doing be hurt or injured. For example, Adam pretends to push Ben, and Ben is scared by the action because he might fall.
Criminal force is when someone uses force or movement against another person, which results in the other persons injury, death or discomfort.
Physical Violence
Assault
Under section 351 of the Singapore Penal Code, an assault is when someone does something, or an action, that causes another person to think that they are going to be hurt or injured.
Assault does not actually require the use of force or even physical touch. It is possible to commit an assault without physically touching the victim – for example:
☒ If Adam says to Ben, “I will beat you up”: this is NOT assault
☑ If Adam says to Ben, “I will beat you up” while holding a bat: Adam may be guilty of assault. This is because the fact that Adam is threatening Ben while holding a bat is likely to make Ben scared that he will get hurt.
Criminal Force
Criminal force goes one step further than assault: it involves physical touch with the victim and an intention (want/desire) to hurt the victim.
Under section 349 of the Penal Code, criminal force is used against another person without permission of the victim. The perpetrator does this wanting to hurt the victim (intentionally).
The force used can be physical (e.g. punching someone) or by using an object (e.g. throwing a broomstick at someone) or by using a substance (e.g. throwing boiling water on someone). Unlike in assault, criminal force can only be committed by actions, not words. For example, if someone says “I’ll hit you” it is not criminal force, it is an assault).
Sexual Assault and Rape
Sexual assault and rape are serious crimes in Singapore. Both are illegal in Singapore under the Penal Code (section 375 and 376).
Sexual assault can include:
- Non-consensual sex (this is also known as rape)
- Unwanted sexual touching (e.g. kissing, groping, stroking etc)
- Unwanted sexual requests, messages or gestures
- Being made to watch pornography
- Taking sensitive or nude photos of someone (e.g. taking a secret photo of someone up their skirt)
Another example of sexual assault may also be being forced to sleep in the same room as your employer’s adult child (someone who is 18 years or older), or being forced to give massages that are inappropriate.
Protections for MDWs
The Singapore Penal Code also applies to MDWs and provides protection to MDWs against violence and abuse. Under the Penal Code, there are strong punishments for people who abuse or fail to protect their MDWs – generally, if an employer (or members of the employer’s family or an employment agency) commit an offence against an MDW, the punishment may double than the normal maximum punishment.
Additionally, if someone allows or neglects the abuse faced by an MDW, they may also punished with a maximum of 4 years in prison, or a fine of SG$4000 (or both).
If an employer is convicted (charged) for abuse against their MDW, they will be permanently banned from hiring MDWs again.
Helpful Tips
- Seek help if you think you have been sexually assaulted. You may consider asking a trusted organisation to help you report the crime to the police.
- If you have been injured or hurt, seek medical help as soon as possible. You can also tell the doctors or nurse if you think you have been sexually assaulted. The doctor or nurse will be able to help you.
- If you are an NGO or organization helping someone who has been assaulted, support them by helping them get out from the source of harm as fast as possible.
