Singapore

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Singapore: Two men with HIV jailed for non-disclosure to same man at different times

06 Feb 2012
A 27 year-old former civil engineer and a 48 year-old married man who had casual sex at different times with a 37 year-old man (who subsequently tested HIV-positive) have each been sentenced to 18 months in prison because they did … More

Singapore: Man gets a year in prison for HIV exposure via oral sex

16 Jul 2008
The first person to be convicted of HIV exposure in Singapore has been sentenced to a year in prison. Incredibly, the HIV-positive man performed oral sex in a public toilet, which, as I had noted in my previous blog posting … More

Singapore: Man pleads guilty to HIV exposure following oral sex

09 May 2008
The first-ever prosecution for criminal HIV exposure is now taking place in Singapore, two weeks after a law increasing the maximum penalty from two to ten years – and making it illegal to have unprotected sex even if you suspect … More

Singapore: Government plans to criminalise ‘risky sex’ without prior disclosure

15 Feb 2008
An interesting article from Bloomberg (which is usually more associated with business news than with HIV policy) on Singapore’s worrying plans to criminalise people who do not disclose they have previously had “unsafe” sex, and have “reason to believe” they … More

Singapore: Criminal HIV transmission laws proposed

30 Sep 2007
http://newpaper.asia1.com.sg/news/story/0,4136,143384,00.html I may have HIV। Will you still sleep with me? Under proposed changes to law, those at risk must disclose sex history to partner TELL the truth, says a new legal proposal that seeks to put the onus on … More

Last reviewed 01 June 2017

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: Yes

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Prosecutions

Number of prosecutions 4

Convictions

Number of convictions 3

Laws

Applicable laws

Infectious Diseases Act 1977, Chapter 137.

Penal Code 1955, Chapter 244

Applicable key wording

Infectious Diseases Act 1977

Section 23 Sexual activity by person with AIDS or HIV Infection. —

(1) A person who knows that he has AIDS or HIV Infection shall not engage in any sexual activity with another person unless, before the sexual activity takes place —

(a) he has informed that other person of the risk of contracting AIDS or HIV Infection from him; and

(b) that other person has voluntarily agreed to accept that risk.

(2) A person who does not know that he has AIDS or HIV Infection, but who has reason to believe that he has, or has been exposed to a significant risk of contracting, AIDS or HIV Infection shall not engage in any sexual activity with another person unless —

(a) before the sexual activity takes place he informs that other person of the risk of contracting AIDS or HIV Infection from him and that other person voluntarily agrees to accept that risk;

(b) he has undergone the necessary serological or other test and has ascertained that he does not have AIDS

(c) during the sexual activity, he takes reasonable precautions to ensure that he does not expose that other person to the risk of contracting AIDS or HIV Infection.

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.

(4) For the purposes of this section, a person shall not, only by reason of age, be presumed incapable of engaging in sexual activity.

(5) For the purposes of this section, a person shall be deemed to know that he has AIDS or HIV Infection if a serological test or other test for the purpose of ascertaining the presence of HIV Infection carried out on him has given a positive result and the result has been communicated to him.

(6) No prosecution shall be instituted for an offence under subsection (2) except with the written consent of the Public Prosecutor, but a person charged with such an offence may be arrested and be remanded in custody or released on bail notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, except that the case shall not be further prosecuted until that consent of the Attorney-General has been obtained.

(7) In this section, “sexual activity” means —

(a) sexual activity occasioned by the introduction into the vagina, anus or mouth of any person of any part of the penis of another person; or

(b) cunnilingus.

Penal Code 1955

Section 269 Negligent act likely to spread infection of disease dangerous to life- Any individual who unlawfully or negligently does any act which is, or which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of up to a year and/or a fine.

Section  270 Malignant act likely to spread infection of disease dangerous to life- Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be liable to imprisonment with a maximum of four years and/or a fine.

Further reading

Implications of the amandments to the Infectious Diseases Act recently passed in Parliament

Action for AIDS's Feedback on Proposed Amendments to the Infectious Diseases Act 2007

Latest cases and news can be found at: http://www.hivjustice.net/country/sg/

Cases

Overview

In 2008, in the first case of its kind, a 43-year-old HIV man was jailed for 12 months on Monday for having sex with a boy without telling him of the risk of contracting the infection and getting him to agree to accept that risk. See attached media report.

 

Two men with HIV jailed for non-disclosure to same man at different times, 6 February 2012. A 27 year-old former civil engineer and a 48 year-old married man who had casual sex at different times with a 37 year-old man (who subsequently tested HIV-positive) have each been sentenced to 18 months in prison because they did not disclose they were HIV-positive. Source: http://www.hivjustice.net/case/singapore-two-men-with-hiv-jailed-for-non-disclosure-to-same-man-at-different-times/#sthash.PrjbOtkN.dpuf

 

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017