Court Upholds Conviction in Spousal Sexual Assault Case

The Court of Appeal upheld the conviction of a man for sexually assaulting his wife, dismissing his appeal. The court also affirmed the original sentence of eight years' imprisonment and six strokes of the cane. This case was notable as it was one of the first to address sexual offenses within a spousal relationship following the full repeal of marital immunity for rape in Singapore in January 2020.

The 39-year-old man had been found guilty of two counts of sexual assault by penetration against his wife, which occurred on July 13, 2020. He was also convicted of obstructing justice in October 2020 for attempting to persuade his wife, now 40, to withdraw her allegations. A gag order is in place to protect the wife's identity.

The man's legal representatives argued for the conviction to be overturned and sought to introduce new evidence to challenge the wife's credibility. The defense highlighted alleged inconsistencies in the wife's testimony, claiming it made her evidence unreliable. They also emphasized the couple's history of sexual intimacy, suggesting that expecting explicit consent in their relationship was unrealistic.

The court, however, noted the specific context of the events, as the husband had recently returned to live with his wife after a period of separation. The court addressed the defense's arguments regarding the wife's alleged inconsistencies, particularly concerning a medical report and her claims of being punched. The central issue, the court stated, was whether the sexual acts were consensual.

The defense contended that the man believed his wife had consented based on their interactions and that she had a motive to fabricate the allegations to gain sole custody of their children. The prosecution countered that the wife's account of not consenting was consistent throughout her testimony. The court ultimately dismissed the appeal, finding that the wife's evidence was not the sole basis for the conviction, as there was corroborating evidence. The court also determined that the sentence was appropriate.