Did ambiguous selection of law allow child sex offender Josh Robinson to escape punishment?

Currently, we have 2 different sections of the law to charge people having sex with underage children.

Section 375 of the Penal Code essentially says having sex with a woman without her consent is defined as rape. And in the case of girls under 14, even with her consent, she is also deemed to be raped. This section also specifies that the perpetrator would face a mandatory jail sentence with an additional possibility of facing fine or caning, depending on the circumstances of the rape. In cases involving girls under 14 without her consent, the perpetrator would face both a mandatory jail sentence and caning.

Section 376A essentially says anyone having sex with a girl under 16, with or without her consent, is guilty of rape. But for a person charged under this section, he would face a mandatory jail sentence with possibility of fine. There is NO mention of caning except if the girl is under 14. In this case, the perpetrator would face a mandatory jail sentence with an additional possibility of facing fine or caning.

(Read also: ‘Child sex convict and Contact Singapore poster boy Joshua Robinson did not even have a Bachelor degree’)

Now, the way I see it, these 2 sections now allow the Police to “selectively” charge the perpetrator with possibility of bias. So, let’s go through the various scenarios and observe the outcome by charging the perpetrator under the 2 different sections.

Under 14 case – Perpetrator charged
Under section 375 –

  • With girl’s consent: Perpetrator faced mandatory jail sentence with a possibility of facing fine or caning or none.
  • Without girl’s consent: Perpetrator faced both mandatory jail sentence AND caning.

Under section 376A –

  • With girl’s consent: Perpetrator faced mandatory jail sentence with a possibility of facing fine or caning or none.
  • Without girl’s consent: Perpetrator faced mandatory jail sentence with a possibility of facing fine OR caning OR none.

So, if someone raped an underaged 14 year-old-girl without her consent, the perpetrator would face mandatory caning if he was charged under 375 but not under 376A. The key phrase in section 376A, in this case, is “shall also be liable to fine or to caning”. There is a possibility that the person might not be caned. But if he was charged under 375, it gave the judge no leeway but to sentence him to be caned as well, as specified in 375.

Under 16 case (ie, 14+ or 15+) – Perpetrator charged

Under section 375 –

  • With girl’s consent: Not Applicable – cannot be charged under this section.
  • Without girl’s consent: Perpetrator faced mandatory jail sentence with a possibility of facing fine or caning or none.

Under section 376A –

  • With girl’s consent: Perpetrator faced mandatory jail sentence with a possibility of facing fine or none.
  • Without girl’s consent: Perpetrator faced mandatory jail sentence with a possibility of facing fine or none.

So, if someone had sex with a girl who was 14+ or 15+ with her consent, he would face a mandatory jail sentence with or without fine, under 376A. There is no caning here. However, if he raped the girl (ie, sex without consent), under section 375, he might be caned but under 376A, there is no caning at all. So even if the judge wanted to send him for caning, the judge would not be able to because 376A does not provide for caning, assuming the person was charged under this section by the Police.

In conclusion, the conflicting sections can essentially allow the Police to charge a perpetrator differently resulting in different outcomes, especially when it comes to caning.

Now the question we would like to ask the Police is, under which section was Joshua Robinson charged? Section 375 or 376A?

 

* Republished from the FB Page ‘We want Minister Grace Fu to resign‘.

 

 

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16 Responses to “Did ambiguous selection of law allow child sex offender Josh Robinson to escape punishment?”

  • Ikanbily:

    Should cane the day light out of this bloody Caucasian’s life.

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  • Rats can't vomit:

    I have no faith in this country anymore. Just recently the Clown Prince at BBC that he will not bend backwards for worker rights in this country. But now we have the people supposedly upholding the law applying triple standards to lawbreakers. How are we to entrust such a bleak future to our sons and daughters if our arms are tied?

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  • oxygen:

    WHY AM I REMIND OF THIS YET AGAIN? Michael Fay’s backside got a “discount” because President Bill Clinton and some US Congressmen protested his caning sentencing.

    https://en.wikipedia.org/wiki/Michael_P._Fay

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  • voodooChild:

    I wonder how many Singapore jailors will it take to subdue this guy if required ? 40 ? 50 ?

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  • Just1more:

    This is another case that made locals very angry. The sentence is totally absurd based on past incidents. And yet our Minister defended by saying the law takes into the account of past cases. Huh? But we knew in the past all those who committed similar crimes were jailed and caned. So what is he talking about? If the mistake is done by the judge, correct him lah. If this particular case is so different from what we know, tell us clearly. How to believe this is the correct punishment? PAP can not blame us for thinking Angmo is given special treatments.

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  • Heart of glassw:

    Everyone knows there are 3 sets of laws here.
    One set specially for the ‘elites/aristocrats’..
    Next set for PRs /foreigners…
    Last set for the sg peasants– everything oso kena…double dose.

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  • oncegreatnowsucks:

    one needs to investigate how he got these 6000 worth of prohibited porn content. Is he a producer of these contents or making a monetary profit out from them???

    WHo are his suppliers/ customers ect?

    any local involved?

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  • Bapak:

    They are so afraid of foreign Human Rights Group, Locals you die you business. Two sections for two type of people. The goondo 70% don’t know the diffrerece.

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  • thebastardPAPparty:

    these are american rejects in their home soil where PAP think they are talented

    american prisons are over loaded with convicts

    farking PAP

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  • NotSayISayHor:

    Our AGC & Prosecution panel dun even kn how to pass a proper sentence to this offender, how to “trust” them? aiyoyo..

    Based on the sentence meted out to Josh, it’s so damn bloody obvious to know different treatments apply to Sporeans & FTs etc..

    AGC, pls lah! we r nt as ignorant as u think..moral values & conscience gone deep deep down the toilet bowl..sad & pathetic!

    What the fuxk is happening to my country? Oops SG MNC i mean..

    Utterly Disappointed & Disgusted!

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  • Rape is Rape:

    Why got obvious legal loop holes?

    To protect PAP and their cronies and now foreigners?

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  • LIONS:

    All the while,i tot ang moh tua kee is just a saying; now, our GAHMEN have made it a REALITY .

    PAP DOGS only fast at SGS BASHING???!

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  • Evil Tyrant and PAP Terror:

    $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

    Singapore belongs to everyone !!!

    Tom, Dick and Yang Yin …

    $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

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  • BuyMeBakKutTeh:

    Keep up the great investigative work!

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  • Remember the recent case when:

    a girl reported to the police of molest by 2 EU foreigner men, and the policewoman asked the girl if the European men were just being . . ..

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  • who's the judge:

    who’s the judge? Indian or some FT judges?

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