Thread: Sexual assault case dismissed because accused "doesn't have penis"

Singaporean acquitted of sex assault due to 'men-only' law

A Singapore woman who lives as a man has been acquitted of sexually assaulting a 13-year-old girl because the judge said the law on which the charges were based relates only to men with a penis.

Zunika Ahmad, 40, who is biologically a female but has passed herself as a man since her youth, pleaded guilty last year to six counts of sexually assaulting the minor using a sex toy and her fingers.

But in a landmark ruling on Tuesday, high court judge Kan Ting Chiu threw out the guilty plea and acquitted Zunika, saying the Penal Code provision under which she was charged applies only to males.

The ruling sparked strong reaction among women's and gay rights activists.

"No matter the gender (of the assailant) or whether they have a particular body part does not make it any less traumatising for the victim," said Jolene Tan, a senior manager at the Association of Women for Action and Research, which also runs a care centre for victims of sexual assault.

Such discrimination is common for transgender people in Singapore who have not undergone a sex change, said Leow Yangfa, executive director of Oogachaga, an organisation that gives support and counselling to the lesbian, gay, bisexual, transgender and questioning (LGBTQ) community.

The Singapore government classifies gender based on anatomy.

The judge said the provision, enacted in 2007, specifically covers a person with a penis even if he did not use the organ in the assault.

"The reference to a person who has a penis cannot be construed to include a woman without doing violence to common sense and anatomy," the judge ruled, adding that parliament must amend the law if it is to include females.

Zunika, who was living with two "wives", was sentenced to eight months' imprisonment on the lesser charge of having a sexual relationship with a person aged under 16.

She could have faced up to 20 years' in jail for each of the sexual assault charges.

Singaporean acquitted of sex assault due to 'men-only' law - 9news.com.au

charter for lezzie rape in Singapore then

Bloody heck.

Originally Posted by Hans Mann

adding that parliament must amend the law if it is to include females.

they had better hurry up then.

Some of these judges are just fukin stupid...

In this case it seems to be the law and lawmakers at fault rather than the judge.

Originally Posted by Bettyboo

Some of these judges are just fukin stupid...

That's rubbish. They can't make decisions that aren't based on law. It's their fucking job boo.

The law is just stupid, and they need to update it.

Well said, Harry Barcode!

Originally Posted by Hans Mann

The judge said the provision, enacted in 2007, specifically covers a person with a penis even if he did not use the organ in the assault.

What about a man who does not have a penis due to it being pulled off in an industrial accident or his wife cut it off?

^ Safe.

Originally Posted by Bettyboo

Some of these judges are just fukin stupid...

As noted, they cannot make stuff up as they go along.

However, I would sure hope that the judge gave the absolute, to the day, maximum for the charges that did stick.

Originally Posted by Looper

Originally Posted by Hans Mann

The judge said the provision, enacted in 2007, specifically covers a person with a penis even if he did not use the organ in the assault.

What about a man who does not have a penis due to it being pulled off in an industrial accident or his wife cut it off?

If you want to know what you can get away with Looper, fingering seems to be OK.

Do they have Thai judges in Singapore????????

Nuts..

Originally Posted by Bettyboo

I suspect you lot are a bit out of sync; judges interpret the law, but until we've read the laws in detail, we simple cannot say from a simple news report the rights and wrongs of the judges decision - nonetheless, some of these judges are fukin stupid...

Zunika, who was living with two "wives", was sentenced to eight months' imprisonment on the lesser charge of having a sexual relationship with a person aged under 16.
Read more at Singaporean acquitted of sex assault due to 'men-only' law - 9news.com.au

This is good, however.

I'm searching for more detailed explication of the laws, as it seems ludicrous to not prosecute somebody who has admitted sexual assault of a child based on a law designed for a different purpose. There are many laws in statute books...

Think you are barking up the wrong tree here. Singapore judges are notoriously harsh. They make Judge Jeffries (look him up if you need to) a card carrying bleeding heart liberal by comparison.

One of the many, many things you do not need in your life is to be up in front of a Singapore judge.

Originally Posted by ENT

Nuts..

Unlikely she had those either.

I would expect that the prosecutor should be able to refile the case as a simple assault and battery.

Originally Posted by Bettyboo

I'm searching for more detailed explication of the laws,

http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=9f804d76-c39f-4e35-8cfe-1be8dd20bfe9;page=0;query=DocId%3A"025e7646-947b-462c-b557-60aa55dc7b42"%20Status%3Ainforce%20Depth%3A0;rec=0

Judge made the correct call. Law needs fixing.