Section 376E and Section 376EA of the Penal Code 1871
INTRODUCTION
In contemporary times, “grooming” activities have now infiltrated the virtual setting and evolved into a social risk for unsuspecting minors or young adults. “Grooming” activities are often difficult to detect, in particular, for vulnerable minors who would perceive the sinister rhetoric of online groomers as innocent exchanges. The pervasive nature of “grooming” activities makes this a sexual offence that warrants public awareness and attention.
WHAT IS SEXUAL GROOMING OF MINORS?
It is believed that the term “grooming” was first used in the 1970s and 1980s by law enforcers and investigators in relation to sex crimes against children. The term was mainly used to describe certain patterns or behaviour of perpetrators used to gain compliance of the victim.
In modern day Singapore, the laws pertaining to the commission of grooming or sexual grooming are codified under Section 376E and 376EA of the Penal Code 1871. The relevant sections are reiterated below:
“Sexual grooming of minor below 16 years of age
376E.—(1) Any person of or above 18 years of age (A) shall be guilty of an offence if having met or communicated with another person (B) on at least one previous occasion —
(a) A intentionally meets B or travels with the intention of meeting B or B travels to attend a meeting with A which A has either initiated or agreed to whether expressly or by implication; and
(b) at the time of the acts referred to in paragraph (a) —
(i) A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence;
(ii) B is below 16 years of age; and
(iii) A does not reasonably believe that B is of or above 16 years of age.
(2) In subsection (1), “relevant offence” means an offence under —
(a) section 354, 354A, 355, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376EB, 376ED, 376F, 376H, 377(1)(e), (f), (g) or (h), 377B(3), 377BA, 377BB, 377BF, 377BG or 377BH;
(b) section 8 of the Children and Young Persons Act 1993; or
(c) section 140(1) of the Women’s Charter 1961.”
The relevance offence referred in subsection (2) are as follows:
| Section | Sexual Offences |
| The Penal Code 1871 | |
| 354 | Assault or use of criminal force to a person with intent to outrage modesty |
| 354A | Outraging modesty in certain circumstances |
| 355 | Assault or criminal force with intent to dishonour otherwise than on grave and sudden provocation |
| 372 | Selling minor for purposes of prostitution, etc. |
| 373 | Buying minor for purposes of prostitution, etc. |
| 373A | Importing woman for purposes of prostitution, etc. |
| 375 | Rape |
| 376 | Sexual assault involving penetration |
| 376A | Sexual penetration of minor below 16 years of age |
| 376B | Commercial sex with minor below 18 years of age |
| 376C | Commercial sex with minor below 18 years of age outside Singapore |
| 376EB | Sexual communication with minor below 16 years of age |
| 376ED | Sexual activity or image in presence of minor below 16 years of age |
| 376F | Procurement of sexual activity with person with mental disability |
| 376H | Procurement of sexual activity by deception or false representation |
| 377(1)(e) | Sexual penetration, etc., of a corpse
A person (A) who causes a person (B) to penetrate, with B’s penis (if B is a man), the vagina, anus or mouth of a human corpse, without B’s consent |
| 377(1)(f) | Sexual penetration, etc., of a corpse
A person (A) who causes B to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus of a human corpse, without B’s consent |
| 377(1)(g) | Sexual penetration, etc., of a corpse
A person (A) who causes B’s vagina, anus or mouth to be penetrated by the penis of a human corpse, without B’s consent |
| 377(1)(h) | Sexual penetration, etc., of a corpse
A person (A) who causes B’s vagina or anus to be sexually penetrated by a part of a human corpse (other than the penis, if the human corpse is that of a deceased man), without B’s consent |
| 377B(3) | Sexual penetration with living animal |
| 377BA | Word or gesture intended to insult modesty of any person |
| 377BB | Voyeurism |
| 377BF | Distribution of voyeuristic image or recording |
| 377BG | Using or involving child in production of child abuse material |
| 377BH | Producing child abuse material |
| The Children and Young Person Act 1993 | |
| 8 | Sexual exploitation of child or young person |
| The Women’s Charter 1961 | |
| 140(1) | Offences relating to prostitution |
Pursuant to Section 376E of the Penal Code 1871, any individual aged 18 and above will be convicted of sexual grooming if he/she initiates or agree to a meeting with the minor below the age of 18 with the intention of committing any of the sexual offences listed above, during or after the meeting. It is noteworthy that the Singaporean Court has held that it does not matter if the perpetrator had not used any form of coercion, pressure or abuse (Public Prosecutor v BAB [2016] 3 SLR 316).
WHAT IS THE SENTENCING FRAMEWORK FOR GROOMING OFFENCES?
Section 376E (4) of the Penal Code 1871 stipulates the maximum sentencing of a convicted offenders which are as follows:
“(4) A person who is guilty of an offence under this section shall on conviction —
(a) in the case where the offence is committed against a victim who is below 14 years of age and A does not reasonably believe that B is of or above that age, be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both; or
(b) in any other case, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.”
The sentencing framework for “grooming” would generally account for two main factors, namely, factors going towards harm and factors going towards culpability (Public Prosecutor v Sulaiman bin Hussain [2023] SGDC 174). The Courts when calibrating the sentencing framework would consider the following factors:
- Factors going towards harm
- The nature of the intended “relevant offence”
The higher the intrusive nature of the intended “relevant offence”, the higher the degree of actual or potential harm caused to the victim.
- The effect of the offence on the victim
The mental and physical harm caused to the victim would be examined and assessed.
- Factors going towards culpability
- Degree of premeditation and planning
Planning and premeditation will generally be considered as more aggravated
- Nature and frequency of communication
The Court would consider whether the communications carry a sexual theme, the pattern of escalation of explicitness of the communication, ancillary sexual requests and the frequency of communication.
- Presence of subterfuge or deceit
The use of pseudonyms or false details when communicating with the victim will be considered.
- Exploitation of the vulnerability of the victim
The age of the minor is often used as a proxy for his/her vulnerability, and the statutory prescription of a higher sentencing for minor below the age of 14 would be considered.
- Abuse of position or breach of trust
Whether there is a “special relationship” between the offender and the victim will be considered.
Notwithstanding the above, the Court would also take into consideration case-specific aggravating and mitigating factors of the offender when calibrating the sentencing of the particular case.
CONCLUSION
The provisions in relation to sexual “grooming” had recently received new amendments under the 2019 Amendment Bill. This is reflective of the growing need to address “grooming” as a sexual offence that has been causing unrest in modern society. Whether you are a victim, a witness, or accused, if you find yourself entangled in situations involving “grooming” activities or other sexual offences, it is best to seek legal advice. Being equipped with legal advice from a legal counsel can make a significant difference in how the situation unfolds and how your rights are protected.
When faced with difficult charges such as “grooming” offences, it may be favourable to make pre-mention representation and have charges dropped at the outset. We have, on multiple occasions, found success in making pre-mention representations and disposing the matter promptly, although there is no guarantee.
Please Whatsapp our criminal lawyer Ray Louis at +65-90908288.