Marital Rape is also known as spousal rape and rape in marriage. It refers to non-consensual sex in which the perpetrator is the victim’s spouse.
It is a form of partner rape, of domestic violence and of sexual abuse.
Can I charge my husband with the crime of rape?
Due to traditional views of marriage, interpretations of religious doctrine and different perspectives, many have been reluctant to criminalise and prosecute marital rape. Thus, there was previously a blanket ban against husbands being charged for rape of their wives, also known as the marital rape exception.
In Singapore, women are now protected from rape by their own husbands under Section 375(4) of the Penal Code. (Click here for more information)
This means that a husband can be guilty of raping his wife in certain circumstances where the law recognises that consent cannot be presumed simply by virtue of marriage.
When Marital Rape May Be Found
A husband may be prosecuted for rape if any of the following apply:
- The couple is living separately, such as when
- An interim judgment of divorce has been granted;
- A judgment or decree of judicial separation is in effect;
- There is a written separation agreement; or
- Divorce or judicial separation proceedings are ongoing and not yet concluded.
- A court injunction restrains the husband from having sexual intercourse with his wife.
- 3. A Personal Protection Order (PPO) or Expedited Order (EO) has been made against the husband for the wife’s protection, or proceedings for such an order are still ongoing.
Understanding the Context
The law recognises that marriage does not equal blanket consent to sexual activity. Consent must exist in every sexual act, and a lack of consent, even between spouses, can amount to rape under the Penal Code.
However, every case depends on its specific facts and circumstances, including the couple’s relationship, the presence of protective orders, and the nature of the alleged conduct.
What You Should Do
If you believe you may be a victim of marital rape or sexual assault, it is important to seek legal advice and protection as soon as possible. A criminal lawyer can help you understand your rights, guide you on filing a police report, and assist with related protective orders such as PPOs or injunctions.
If you are in immediate danger, call the police at 999 or reach out to AWARE’s Sexual Assault Care Centre (6779 0282) for support.
We’re here for you
In your initial call, our family lawyers will discuss:
- The laws applicable to your situation;
- The options available if you decide to take matters forward;
- The estimated costs involved in your case.
