The term “molest” is commonly used to refer to the offence of outrage of modesty in Singapore criminal law, under section 354 of the Penal Code. A person is guilty of this offence if he or she assaults or uses criminal force on someone else, and does so with the intention to outrage, or with the knowledge that it is likely to outrage the modesty of that other person. Both men and women can commit this offence. However, doctors carrying out bodily examinations of patients, whereby the examination is in accordance with proper medical practices, would not be taken to have intended to outrage the patient’s modesty.
In order for a person to be convicted of this crime, it will have to be shown that the person actually assaulted or used criminal force on the victim. Criminal force involves the use of force to a person, without the person’s consent. An assault involves a threat to use force on a person, without his or her consent. It should be noted that “consent” includes implied consent; for example, a couple dancing together in a nightclub will generally be taken to have consented to a degree of mutual touching.
The following kinds of behaviour have been held to constitute outrage of modesty in Singapore: a tutor touching his student’s breasts and thigh; hugging and kissing a woman; touching a woman on the back and slapping her lightly on the buttocks; and an acupuncturist kissing and nibbling on the person’s toes.
The penalty for outrage of modesty is imprisonment for a maximum period of 2 years, or a fine, or caning, or any combination of such punishments. In addition, if the victim is under 14 years of age, is a domestic maid, or the offence involves racial or religious aggravation, enhanced penalties will apply. If the victim is under 14 years of age, the offender can be sentenced to an imprisonment term of up to 5 years. For the latter two situations, the offender can be sentenced to imprisonment of up to 3 years.
If you have been charged with an offence of outrage of modesty, you should engage a criminal law specialist to advise you on your rights. GJC Law has highly experienced lawyers who have dealt with a wide variety of criminal offences. Should you wish to schedule a free initial consultation with us, please contact GJC Law at 6337 0469, or email consult@gjclaw.com.sg.
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