Salt * Wet * Fish

Follow up on the media release:

Partial decriminalisation is not good enough
Published by webmaster November 8th, 2006

Further to our Statement of 7 November 2006, ‘Proposed reform of Penal Code is discriminatory and prejudicial to Singapore’s interests’, that same evening, the Ministry of Home Affairs issued an “explanatory note” to the media, a part of which touches on Sections 377 and 377A of the Penal Code.

This clarification reads quite differently from the Consultation Paper issued earlier by Reach Singapore (formerly known as the Feedback Unit) and which was cited in our Statement of 7 November.

The Ministry of Home Affairs said,

9. Section 377 and Homosexuality

The law on sexual offences deals with sexual relationships and embodies what society considers acceptable or unacceptable behaviour.

2 When it comes to homosexual acts, the issue is whether Singaporeans are ready to change laws to bring them in line with heterosexual acts. Singapore remains, by and large, a conservative society. Many do not tolerate homosexuality, and consider such acts abhorrent and deviant. Many religious groups also do not condone homosexual acts. This is why the Government is neither encouraging nor endorsing a homosexual lifestyle and presenting it as part of the mainstream way of life. We should not be hasty to act in this area. Hence, we are leaving section 377A as it is. Our enforcement approach also remains the same i.e. we will not be proactive in enforcing the section against adult males engaging in consensual sex with each other in private.

3 Section 377 will be repealed. Hence, sex between an adult male and female involving penile penetration of the mouth or anus in private will no longer be an offence. There will be a new offence of sexual assault by penetration to cover oral and anal sex done without consent. A new offence of sexual penetration of minors will also be introduced to protect minors under 16 years of age, following the repeal of section 377. There will also be a new offence of necrophilia (engaging in penetrative sexual acts with a corpse). The offence of bestiality, currently covered under section 377, would be criminalised under a separate section 377B.

In short, Section 377 which scope covers anal and oral sex, heterosexual and homosexual, in public or in private, will be repealed, while Section 377A, which covers “gross indecency” between males in public and in private, will be retained.

People Like Us considers this an unsatisfactory move. See our media release below.

This is a PLU media release:

Proposed reform of Penal Code is discriminatory and prejudicial to Singapore’s interests
November 7th, 2006

People Like Us understands that the government will soon table a bill in Parliament to decriminalise non-vaginal sex for heterosexuals only, leaving it an offence for gay and lesbian couples. Such a move is highly discriminatory and hurtful to Singapore’s interests.

Both Sections 377 and 377A of the Penal Code should instead be repealed completely.

Reach Singapore (formerly known as the Feedback Unit), in issuing a call for consultation over the proposed amendments to the Penal Code, described the proposal (pertaining to Section 377) thus:

10. Currently, s.377 criminalises all forms of carnal intercourse against the order of nature, other than vaginal intercourse, between a man, woman, or an animal, regardless of whether consent was obtained or if the act was performed in a public or private place. It is proposed that s.377 be re-scoped such that anal and oral sex, if done in private between a consenting adult heterosexual couple aged 16 years old and above, would no longer be criminalised. As part of the re-scoping, the obsolete term ‘carnal intercourse against the order of nature’ will be removed.

People Like Us notes the highly discriminatory intent of this proposed amendment, decriminalising anal and oral sex for heterosexuals, but leaving it unchanged for gay, lesbian, bisexual and transsexual (GLBT) persons.

Such state-led discrimination reinforces prejudice and homophobia in society, to the detriment of Singapore:

1. It damages family and public life by encouraging deception and dishonesty (pretending to be straight) when people try to avoid discrimination and conflict;

2. It creates pressure to emigrate, thus

(a) undermining Singapore’s desire to retain our native talent pool. Somewhere around 10 percent of each generation is GLBT and to bleed population each generation through such discriminatory policies is unwise and near-sighted;

(b) splitting families when we say at the same time that stable and supportive families should be the bedrock of our society;

3. It undercuts Singapore’s attraction for potential incoming talent, so critical for our future;

4. It restricts the ability of the government to respond to the threat of HIV, when government agencies feel that they cannot engage with the gay community in any way except a condemnatory one. Failure to deal with HIV in the gay community puts the larger community at risk.

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