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Husband on Trial for Alleged Marital Rape Amid Pandemic Lockdown

 



A man went on trial for raping his wife during the COVID-19 pandemic in Singapore, marking a significant case following the country’s repeal of marital immunity for rape in 2020. Both individuals, foreigners who used to commute to Singapore for work, had been living apart despite being married. The wife stayed in a flat provided by her employer, while the husband lived elsewhere.

On November 8, 2020, the man wanted to meet his wife to give her a gift. Despite her initial refusal, she agreed to meet him after he showed up at her void deck. A heated argument ensued when she rejected his gift, during which the man allegedly slapped and kicked her. Acting on her supervisor’s advice to resolve the dispute, she reluctantly followed him on his motorcycle to his residence.

At his residence, the man’s aggression escalated. He allegedly slapped her again, causing her to fall and chip her tooth. He then locked the premises, preventing her escape, and showed her a video of a sexual act, claiming the woman in the video resembled her. According to prosecutors, he threatened her with a metal rod, forcing her into sexual acts under the threat of harm.

After the assault, the man allegedly coerced his wife into lying to her family about the incident, suggesting she say she had fallen down a staircase. The prosecution claims he further intimidated her to ensure her silence, forcing her to spend the night with him.

The following morning, the man accompanied her back to her flat, where she sought help from her flatmate to call the police. Medical professionals later confirmed her injuries, and she reported the alleged rape.

The man faces two counts of aggravated rape, one count of attempted aggravated rape, one count of aggravated outrage of modesty, voluntarily causing hurt, and criminal intimidation. Additional charges of voluntarily causing hurt and possession of obscene films have been set aside for the trial.

The defense argues that the sexual acts were consensual. Represented under the Criminal Legal Aid Scheme, his lawyers are tasked with contesting the allegations. The prosecution plans to present evidence from 38 witnesses to support their case, asserting that the victim was under duress and in fear for her safety at the time of the incident.

Legal experts highlight the significance of this trial, as it underscores Singapore’s updated stance on marital rape. The removal of marital immunity for rape in January 2020 has paved the way for such cases to be prosecuted. The penalties for rape in Singapore include up to 20 years in jail and a fine or caning. If a victim is put in fear of hurt, a mandatory minimum sentence of eight years and 12 strokes of the cane applies.

For voluntarily causing hurt, the punishment can be up to two years in jail, a fine of up to S$5,000, or both. Criminal intimidation carries a maximum penalty of two years’ imprisonment, a fine, or both. If convicted of aggravated outrage of modesty, the man could face two to 10 years in jail and caning.

As the alleged offences occurred within an intimate relationship, the court has the authority to impose up to twice the maximum punishment.

This trial serves as a reminder of the evolving legal landscape in Singapore and the importance of addressing domestic violence and sexual assault within marriages.

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