Criminal Law in Singapore: Analysis of Minor Sex Laws and DSA Scheme

This paper delves into the intricacies of Singapore's minor sex laws, examining a case involving a criminal offense related to sex with a minor, specifically consensual sex scenarios. It explores the legal issues arising from such cases, including social, educational, and legal considerations. The assignment analyzes the existing legal framework, referencing relevant acts and provisions, and discusses the Direct School Admission (DSA) scheme, its implications, and potential improvements. The paper also highlights arguments against the current legal approach and proposes amendments for better handling of such situations, emphasizing the need for stricter penalties, quicker remedial actions, and consideration of the minor's consent. The study concludes with a summary of the issues and the suggested legal changes, along with relevant references.

Minor sex law
(Singapore)

Introduction
In this paper, there is a discussion regarding a case, where a person Joshua robbinson
commited a criminal offense of sex with minor. In this case everyone wants to penalise him
but this case is related to the consensual sex. Issues related to the sex with minor has also
been discussed in the assignment. The improvement requires, in this case, is also discussed.
Some scheme which has been provided to the academic students is also there in this study.
Issues and the arguments against this study are also here in the paper. The scheme of DAS ,
issues related to DAS, improve,ments and arugements are there in the study.
Issues surrounding cases on sex with the minor
According to Gan boey keow (2017), in this paper, there is a discussion regarding a criminal
offense case “Sex with Minor”. In this case Joshua Robinson who was an American mix
material arts instructor. Robinson had sex with the two underage girls without the protection
and and then showed that video to a 6-year girl. Robinson have his possession over 321
pornographic videos of children.robinson was no opportunistic offendor, he prowled the
videos internet for videos. The offender has pleded his guilty. The government wants to
impel higher penalties on the offender because others offendors seem far harsher in
comparison to the Robinson. In this case, the sex was, consensual sex, so some people have
second thought regarding this in the favour of offender. According to Calivin yang (2017),
this will come under the Criminal law Act. Sex with a minor is a majorly committed crime
under the law, but there are no certain amendments for the consensual sex. These different
situations will create the different issues in different cases. These issues include social,
educational, legal, etc. Sex with a minor is not legal, sex and the law both deals with the
human sexual activities.
According to Chapman-Schmidt (2015), pursuant to Act 376 in Singapore, sexual dispersion
with the minor (up to 16 years) even it is consensual( the consent of the minor). Both the
genders are covered under this provision, this includes sexual penetration, vaginal, anal or
oral sex. .Commercial sex with minors under 18 is also a punishable offense pursuant to
section 376B of the penal code. Under the section 376C, if the resident of Singapore
committed these kinds of acts even outside the Singapore, they will be liable. Social sites
have given minors a platform to explore with ease, but along with the access to porn sites
have become worrying trends making minors’ vulnerable and inclined towards consensual
underage physical intimacy. According to Bromberg et. al. (2014), as looking up to the issue
there is a consent from both the parties, but considering the age of girls, didn’t even get up to
age of maturity, so their consent is no valid reason for denying the genuine petition against
the verdict, although law works on the prevailing facts and the authenticity of the crime, here
in the other party is not a major, didn’t matured enough to understand the severity of actions
they are taking and how it will affect them in the very future.
According to Gary Chan Kok Yew and Lee Pey Woan (2016), talking about the law, there is
a clear sought of the thoughts that if the action taken by the mutual consent of the parties, so

as taking it as one legal part and that is obvious to the intensity of the crime, then, but if the
parties after the action protest themselves by saying that it's been a part of coercion then
there are some laws which work in the sphere of protecting the accused if he is not at most
guilty.
With regards to the common protest “I don’t know she is 16 or lesser”, section 377D
of the penal code clearly states that:
 If the offender is above the age of 21, he cannot claim that they mistakenly
believed the minor was not underage as defenses.
 If the offender is under the age of 21, he may claim that he mistakenly
believed that the minor was not underage as a defense, but only if the minor
was the opposite sex, and if the offender has not previously committed any
similar sexual offense before. Coming up with the changes required in the
law, the severity of decisions is that much required so that it will bring a full
stop over this major issue prevailing not only in a single country but across the
globe facing the same issue. The occurring of these issues exploiting the
ageneration and the global habitat.
According to Allen (2013), amendments or the changes in the law are required to handle out
the situation, these are:
 Quicker remedial actions
 Identified laws
 Restrictions and charges over the use of adult sites
 Bailment of verdict made difficultly
 Consent of the minor should not be taken as a consideration.
 Abandonment of minor hangouts, such as intake of alcohol.
 Serious charges and penalties against the culprit (Allen, 2013).
References
Allen, M. (2013). Textbook on criminal law. Oxford University Press.
Bromberg, D. S., & O'Donohue, W. T. (Eds.). (2014). Toolkit for working with juvenile sex
offenders. Academic Press.
Calvin yang. (2017). Parliament: DSA scheme for pupils to enter secondary 1 directly tobe
expanded.

Chapman-Schmidt, b. (2015). Sex in the Shadow of the Law: Regulating Sex Work and Human
Trafficking in Singapore. Asian Journal of Comparative Law, 10(1), 1-21.
Gan boey keow (2017). Why child The strait times online forum.
Gary Chan Kok Yew and Lee Pey Woan (2016). The Law of Torts in Singapore. Academy
publishing.
DAS scheme
According to S. Chandra Mohan (2017), when Direct School Admission was first
introduced, it gets criticised for giving academically bright pupil an early entry whereas the
main agenda of this scheme was to recognize achievements of a pupil that are beyond
academic performance. But for now, the Direct School Admission scheme is about to expand
that will allow a student to take admission in secondary on the basis academic as well as of
non- academic talents that may not be demonstrated in the Primary School Leaving
Examinations (PSLE). This scheme eliminates the need of sitting in other academic ability
test but not to be taken for granted one should be committed enough to make another
achievement as the profession.
According to Chesney et.al. (2013), allowing both academic as well as a non-academic sound
pupil for this scheme will decrease the ratio for non- academic to enter into secondary due to
an availability of other academic test. An academically bright student can also enter using
Primary School Leaving Examinations but a non-academic student will be required to enter
schools with suitable programs to enhance their strength, talent, and inclinations. According
to Tan (2017), Issues could be emerged at educational level due to this scheme creating
differences in the selection process. Students working hard on academics might be interested
in turning their other hobby into their profession but due to the scores, they will get to make
their academic as one of the professions which might not content them. The forceful quest for
the worldwide city vision has changed not just the physical look of the city state, yet
additionally its business condition and creation structure. According to Sandra Davie (2015),
together with these progressions, the piece of the work constraint has likewise been altogether
adjusted – both as far as the neighborhood outside blend and the blend between specialises in
"old" Furthermore, "new" enterprises. While the open-entryway work arrangement got an
expansive number of exceedingly gifted, high wage remote laborers, it has likewise prompted
a gigantic convergence of low-talented, low-wage outside laborers. Though the previous
could possibly grow the economy's scope of ranges of abilities and raise its profitability level,
the last could significantly balance such constructive outcomes. To be sure, with the prepared

accessibility of low-wage remote specialists, firms in Singapore won't discover numerous
motivating forces to update their advances and generation structures or to put resources into
preparing or overhauling the abilities of their laborers.
According to Greenberg (2012), when it was announced that secondary school will not
entertain the pupil under the score of 6 and same will be there for college eight schools were
merged into four due to the drop in strength. To cope up with this issue Direct School
Admission Scheme was launched providing the right path for students under the cut off to
continue their education and making their interest to be turned into a profession. From
educational purpose, it is mandatory to provide such special schemes to the non-academic
students so that they can also ensure to build up their career with the talent they have.
According to Tchividjian (2014), upholding the current Direct School Admission Scheme
gives equivalent chance to a pupil to enter into secondary using their grades as well as other
strengths that are beyond the academic basis. Continuing the existing scheme terms and
conditions might create harmony eliminating the need to be biased for non- academic
students. Accoding to S. Chandra Mohan (2017), creating differences and reservation in the
education system might create repercussions among the students that will not be productive.
However maintaining a slight ratio just to be enough for the non-academic students will not
be offensive but solely making the scheme for them and turning academic students down
might not result in favorable conditions.
According to Jonathan (2017), Direct School Admission Scheme was specially formulated to
recognize students that are beyond academic grounds and giving permission to both the
category to apply; non- academic students will not get the exact chance they are expecting as
this is the chance to groom their interest and talent turning into a profession. Letting
academic students apply for this scheme is drifting apart from its primary purpose to provide
the platform for the student with strength and talent. According to Yeo ( 2012), revising the
existing scheme and turning it for specifically non-academic students will secure the chance
for them to get into a better school with the motive to be a professional in the stream they are
good at.

William Tan & Wheem kiem (2016), the DSA-Sec enables understudies to look for
admission to an optional school on the premise of abilities and accomplishments that may not
be shown at the Primary School Leaving Examination (PSLE). The DSA-Sec empowers
understudies to enter reasonable scholastic and non-scholarly projects in Secondary Schools
that can build up the understudies in these ranges. For data on changes to the DSA reported in
March 2017.
Conclusion
From this paper, it has been concluded that the law with minors should be penalized under
the penal code 376 a. Consent of the minor should also be considered as the criminal offense,
but some amendments should be there. DSA schemes are also discussed in this study; the
impacts of the study are also there in the assignment.
References
Chesney-Lind, M., & Pasko, L. (2013). The female offender: Girls, women, and crime. Sage.
Chi Meng Chu1, 2 and Stuart D. M. Thomas1, 3(2010). Adolescent Sexual Offenders: The
Relationship between Typology and Recidivism. E: A Journal of Research and Treatment
22(2) 218–233
Greenberg, J. A. (2012). Intersexuality and the Law: Why sex matters. NYU Press.
Jonathan s. (2017). How will Direct School Admission changes affect pupils? The straits times:
S. Chandra Mohan (2007), Under Age Commercial Sex and Criminal Prosecutions in
Singapore: Who are the real Victims? Institutional Knowledge at Singapore Management
University.
Sandra Davie. (2016). Senior education correspondant. Schools, stop the ‘Kiasu’ practice of
using DSA to ‘chope’ bright kids.

Tan, C. (2017). Private Supplementary Tutoring and Parentocracy in Singapore. Interchange, 1-
15.
Tchividjian, B. J. (2014). Catching American Sex Offenders Overseas: A Proposal for a Federal
International Mandated Reporting Law. UMKC L. Rev., 83, 687.
William Tan & Wheem kiem (2016). The Straight Times Online Forum. Don’t shut bright kids
out of DSA.
Yeo, S. M. H., Morgan, N. A., & Chan, W. C. (2012). Criminal law in Malaysia and Singapore.
LexisNexis.