Laws on Sex in Singapore

A big burly pimp guards his own brothel amongst others which are housed in typical terrace houses in the Red Light District (RLD) in Geylang. Is this possible in Singapore? For a country that bans chewing gum and fines people for not flushing toilets, it is hard to picture the sex trade as a legal activity.

According to the Women’s Charter, prostitution is the “act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind”. The issue of prostitution is one that divides many – not all even agree on the status of the “services” being offered in this country.

For example, Dr Leong Wai Teng, from the Department of Sociology at the National University of Singapore (NUS) while declining to comment on this issue, did say over the telephone, “Prostitution is not illegal here.”

Contradicting this statement, however, is Miss Low Hui Peng of the Business Statistics Division at the Singapore Department of Statistics. Responding to hype’s enquiry with an email, she states that “prostitution is not legalized in Singapore”.

Also, due to the sensitivity of this issue, many people like Mr Narayanan Ganapathy, a sociologist at NUS, are simply reluctant to comment.

To set the record straight, prostitution is indeed tolerated in Singapore. For a start, there is nothing in Singapore law that states otherwise. The sex trade is confined to certain districts where prostitutes are housed in brothels.

Mr Koh Hong Bin, 23, a Crime Prevention Officer with the Singapore Police Force confirms this, “It’s legal as long as it’s inside the brothel.” He adds, “It’s just a living for these girls but if they solicit outside, then we’ll have to take them back to the station.”

Some are puzzled and furious over the government’s decision to tolerate the sex trade.

“It’s wrong!” Mr Andrew Kong, 45, a senior executive at the Family Life Society insists, “Prostitution encourages people to instrumentalize a woman’s body... and treat her like an object.”

Irene Sng, 24, a Banking and Finance Studies student from Ngee Ann Polytechnic also believes that prostitution shouldn’t be legalized because it’s morally wrong. Unknown to many, the government did try to clamp down on the sex trade when Singapore gained independence. Associate Professor Ong Jin Hui, with the Department of Sociology in NUS, writes in Prostitution: An International Handbook on Trends, Problems and Policies that the government had an “anti-yellow culture” campaign that attempted to get rid of prostitution, which was considered “morally and socially offensive”. However, the writer noted that the campaign failed with brothel owners moving out of established LRD areas to residential areas in a bid to escape from the “constant raids and harassment” by the police.

In order to curb widespread prostitution before it got out of hand, the government had to soften its stand and change its policy. Singapore now administers “soft enforcement”, which another writer of the same book, Nanette J. Davis, says is “surveillance, containment, tolerance” and warning. This ensures prostitution is confined to certain areas and makes it easier for law enforcers to check on brothels for illegal activities.

Mr Koh explains that the police would usually raid a brothel after they receive a tip-off, which can be for drugs, under-aged sex workers or illegal immigrants.

Most Singaporeans feel prostitution is immoral but they also admit that it is indispensable to society.

Retiree Max Tan, in his late 60s, argues, “They’ve to do it. Whether it’s open or not, there’ll always be prostitution. If not, young women will be raped.”

Others feel that tolerating the trade benefits both the sex workers and their customers. National Serviceman Calvin Gan, 19, who admits to frequenting brothels, confesses he feels safer knowing that the practice is seen to be legal.

Others feel this way too. “It’s kind of a service to the public.” Lawrence Loh, 23, another National Serviceman says, “Of course, it’s not a good thing but some people need this kind of service, so now they know where’s safe to go.”

Pat Tan, in her 50s, with a friend working in a brothel divulges, “It’s good for the girls when it’s legalized. They’ll be going for check-ups, so it’s safer for the customers also.”

She also believes that it reduces exploitation of prostitutes by pimps. In fact, under Section 146 of the Woman’s Charter, sex workers are also protected from pimps who may try to control or exploit the prostitutes under his or her charge.

However, when hype checked with several brothel owners on the benefits that prostitutes receive, all refused to comment, though one said that they’ve been sworn to secrecy by the Criminal Investigation Department.

One prostitute at Flanders Square, however, did tell hype that prostitutes do not have to worry about police raids on their activities, as “they’re under the Anti-Vice”.

Additionally, a former National Service police officer with the Media Corporation Division at the Ministry of Home Affairs, who declined to be named, says brothels need to apply for permits that are renewed annually by the police. Thus, they need to follow the rules or risk getting their permits revoked. Sex workers are also required to go for regular check-ups to prevent the spread of sexually transmitted diseases. According to the prostitute at Flanders Square, prostitutes are required to go for AIDS checks every three months, Hepatitis B checks every two years and a general check-up every four weeks.

Yet, some are still less forgiving even after weighing the pros and cons of tolerating the sex trade. Daniel Yap, 24, a final-year Mass Communication student in Ngee Ann Polytechnic feels that although prostitution is believed to help reduce sexual crimes, its “ill effects far outweigh” its so-called benefits.

Residents in the RLD area maintain that although the situation is under control, it’s still very “inconvenient” at times.

Terence Teo, 20, a resident of Camellia Lodge at Geylang Lorong 31 agrees sexual crimes will probably increase without prostitution being tolerated in Singapore. However, he adds, “It still affects us as the land value dropped drastically.” And even though the Teos are three streets away from the RLD area, Terence is still very concerned about his sister’s safety and makes it a point to accompany her home late at night.

While some feel that the tolerance of prostitution is justifiable, others find it morally degrading and absolutely unacceptable. Ultimately, the onus is on the individual – as with all laws in all countries, there will always be proponents and opponents of any given legislation. Legalized abortion has its supporters and detractors. Legalized euthanasia has people up in arms, for or against it. Why should the controversial issue of prostitution be any different?

I started to look deeper in to the so call Designated Red Light Area (DRA’s) in Singapore to see what I could find about how it is set up, what the law says and how the area are identified. In Geylang the brothels sit side be side to regular families’ homes with the only difference being the red numbers on the brothels houses. I wanted to find out if there was a limited on the number of brothels, how the sex workers got there working permits, how long they were allowed to stay in Singapore, are the prices set by the government and what agency handled the medical check up for the girls.

So I started to check the laws of Singapore to see if I could find the information there since everyone knows that if you visit a brother to have sex you will not be arrested or hassled by the police that may be right outside the brothel picking up the street walkers in the area since that is illegal.

Persons living on or trading in prostitution 146. —(1) Any person who knowingly lives wholly or in part on the earnings of the prostitution of another person shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to a fine not exceeding $10,000.

(2) Any male person who is convicted of a second or subsequent offence under this section shall, in addition to any term of imprisonment imposed in respect of such offence, be liable to caning.

(3) Where any person is proved to live with or be habitually in the company of any prostitute or is proved to have exercised control, direction or influence over the movements of any prostitute in such a manner as to show that the person is aiding, abetting or compelling her prostitution with any other person or generally, the person shall, in the absence of proof to the contrary, be deemed to be knowingly living on the earnings of prostitution.

After reading this it make it pretty clear that prostitution anywhere is illegal and that the operators of the brothers are labile under section 148 listed next, since the girls are not allowed to leave the premises with customers.

Suppression of brothels 148. —(1) Any person who keeps, manages or assists in the management of a brothel shall be guilty of an offence under this section.

(2) Any person who is the tenant, lessee, occupier or person in charge of any place which is used as a brothel shall, unless he proves that he has no knowledge that the place is used as a brothel, be guilty of an offence under this section.

(3) Any person who being the tenant, lessee, occupier or person in charge of any place lets such place or any part thereof shall notwithstanding such letting be guilty of an offence under subsection (2) if the place or any part thereof is used as a brothel, unless he proves that he has no knowledge that the place or any part thereof is used as a brothel.

(4) Any person who being the owner of any place or the agent of that owner lets the same or any part thereof with the knowledge that the place or some part thereof is to be used as a brothel or is wilfully a party to the continued use of the place or any part thereof as a brothel shall, notwithstanding such letting, be guilty of an offence under this section.

(5) Any person who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.

(6) In any proceedings under this Part, any evidence given by any police officer not below the rank of sergeant that any place has been used as a brothel or a place of assignation shall, until the contrary is proved, be deemed to be sufficient evidence of the fact.

After days of searching for the information I began to contact the government agencies for the information. I started with the Ministry of Manpower (MOM) and found nothing on their web site so I called in but was put on terminal hold so I e-mailed my question in never to receive a response. Next I contacted the police force of Singapore and again no response. My inquiry was then forwarded to several different people that I was told may be able to help me and still nothing and the health department was of no help either.

Geylang is different then the other LRD’s because it cover a large area unlike the other locations which are mostly one street out of the way of everything and easy to control. Geylang reaches from Lorong 4all the way to Lorong 36 between Geylang Road and Guillemard Road which is a large area with the largest concentration of the action taking place between Lorong 4 and Lorong 24.

Authority of courts to issue arrest and search warrants 152. If any court has reason to believe that any place is used by a woman or girl for the purpose of prostitution and that any other person residing in or frequenting the house is living wholly or in part on the immoral earnings of that woman or girl, the court may issue a warrant authorizing the Director or any public officer nominated by the Minister or any police officer not below the rank of sergeant to enter and search the place and to arrest such person.

Woman or girl below the age of 21 used or trained for immoral purposes, etc.
159. —(1) If the Director has reasonable cause to believe that any woman or girl below the age of 21 years is being trained or used for immoral purposes or lives in or frequents any brothel or is habitually in the company of prostitutes or brothel keepers or procuresses or persons employed or living in brothels or persons directly interested in the business carried on in brothels or by prostitutes, the Director may by warrant under his hand order the woman or girl to be removed to a place of safety and there temporarily detained until an inquiry has been held by him.

(2) If the Director after holding such inquiry is satisfied that the woman or girl comes within subsection (1), he may, by warrant under his hand, order her to be detained in a place of safety.

So how are these controlled? I have heard from the people that live here that Geylang was always an area to find prostitutes going back many years. If you have ever seen the video “Sex in Asia” a documentary it talks about the ally-ways located between Lorong 6 and 20. Walking down the allies after seeing the video you can still see many of the same building. Today the girls will not flash you their breast like they do in the movie but the effect is the same trust me.

In 1983 Singapore clamped down on the sex workers on the streets and the censors hit the stores getting ride of all material showing pictures semi-nude or nude pictures and topless dancing was also banded along with any other form of sexual driven dancing.

So the question about the brothers is this; are they allowed because it is something that you cannot stop so try to control it in some way? This could be the case, but then how are they controlled? Can anyone open a brother in the LRD’s? I don’t know that either. Right now the girls working in the area are all Malays and Thais, is the market open to any woman that wants to work as a prostitute regardless of where she is from, I can’t find this information out also which I have asked.

(a) sells, lets for hire or otherwise disposes of or buys or hires or otherwise obtains possession of any woman or girl with intent that she shall be employed or used for the purpose of prostitution either within or without Singapore, or knowing or having reason to believe that she will be so employed or used;

(b) procures any woman or girl to have either within or without Singapore carnal connection except by way of marriage with any male person or for the purpose of prostitution either within or without Singapore;

(c) by threats or intimidation procures any woman or girl to have carnal connection except by way of marriage with any male person either within or without Singapore;

(d) brings into Singapore, receives or harbors any woman or girl knowing or having reason to believe that she has been procured for the purpose of having carnal connection except by way of marriage with any male person or for the purpose of prostitution either within or without Singapore and with intent to aid such purpose;

(e) knowing or having reason to believe that any woman or girl has been procured by threats or intimidation for the purpose of having carnal connection except by way of marriage with any male person, either within or without Singapore, receives or harbors her with intent to aid such purpose;

(f) knowing or having reason to believe that any woman or girl has been brought into Singapore in breach of section 142 or has been sold or purchased in breach of paragraph (a) receives or harbors her with intent that she may be employed or used for the purpose of prostitution either within or without Singapore;

(g) detains any woman or girl against her will on any premises with the intention that she shall have carnal connection except by way of marriage with any male person, or detains any woman or girl against her will in a brothel;

(h) detains any woman or girl in any place against her will with intent that she may be employed or used for the purpose of prostitution or for any unlawful or immoral purpose;

(i) has carnal connection with any girl below the age of 16 years except by way of marriage; or

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to a fine not exceeding $10,000.

(2) Any male person who is convicted of a second or subsequent offence under subsection (1) (a), (b), (c), (d), (e) or (f) shall, in addition to any term of imprisonment awarded in respect of such offence, be liable to caning.

(3) For the purposes of this section, it shall be presumed until the contrary is proved that —

(a) a person who takes or causes to be taken into a brothel any woman or girl has disposed of her with the intent or knowledge mentioned in subsection (1) (a);

(b) a person who receives any woman or girl into a brothel has obtained possession of her with the intent or knowledge mentioned in subsection (1) (a);

(c) a person has detained a woman or girl in any brothel or place against her will if, with intent to compel or induce her to remain therein, that person —

(i) withholds from that woman or girl any wearing apparel or any other property belonging to her or any wearing apparel commonly or last used by her;

(ii) where wearing apparel or any other property has been lent or hired out or supplied to that woman or girl, threatens her with legal proceedings if she takes away such wearing apparel or property; or

(iii) threatens that woman or girl with legal proceedings for the recovery of any debt or alleged debt or uses any other threat whatsoever.

(4) Reasonable cause to believe that a girl was of or above the age of 16 years shall not be a defense to a charge of an offence under subsection (1) (i).

(5) In the case of a man below the age of 21 years, the presence of reasonable cause to believe that the girl was above the age of 16 years shall be a valid defense on the first occasion on which he is charged with an offence under subsection (1) (i).

Soliciting in public place
19. Every person who in any public road or public place persistently loiters or solicits for the purpose of prostitution or for any other immoral purpose shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Disorderly or indecent behavior by prostitutes
26. Every common prostitute wandering in any public road or place of public resort and behaving in a disorderly or indecent manner shall be deemed to be an idle and disorderly person within the meaning of this Part and shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month.