Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
A SINGAPOREAN WOMAN who lives as a man has been acquitted of sexually assaulting a 13-year-old girl because the judge said the law on which the charges were based relates only to men with a penis.
Zunika Ahmad, 40, who is biologically a female but has lived as a man since her youth, pleaded guilty last year to six counts of sexually assaulting the minor using a sex toy and her fingers.
But in a landmark ruling on Tuesday, high court judge Kan Ting Chiu threw out the guilty plea and acquitted Zunika, saying the Penal Code provision under which she was charged applies only to males.
The ruling sparked strong reaction among women’s and gay rights activists.
“No matter the gender (of the assailant) or whether they have a particular body part does not make it any less traumatising for the victim,” said Jolene Tan, a senior manager at the Association of Women for Action and Research, which also runs a care centre for victims of sexual assault.
Such discrimination is common for transgender people in Singapore who have not undergone a sex change, said Leow Yangfa, executive director of Oogachaga, an organisation that gives support and counselling to the LGBTQ community.
The Singapore government classifies gender based on anatomy.
The judge said the provision, enacted in 2007, specifically covers a person with a penis even if he did not use the organ in the assault.
“The reference to a person who has a penis cannot be construed to include a woman without doing violence to common sense and anatomy,” the judge ruled, adding that parliament must amend the law if it is to include females.
Zunika, who was living with two “wives”, was sentenced to eight months’ imprisonment on the lesser charge of having a sexual relationship with a person aged under 16.
She could have faced up to 20 years’ in jail for each of the sexual assault charges.
To embed this post, copy the code below on your site
Gay rights activists? Let me get this straight? They’re offended that trans men cants be sexual assailants. We should be all up in arms and this paedophile should be in prison. Poor child. I don’t give a donkey’s about its gender.
It didn’t say gay rights activists were offended because a Trans gender person can’t be assailants . the law is an ass and needs changing to prevent these kind of loopholes . Eh the ‘pedophile is in prison…have you a reading problem .why should we all be up in arms over stupid laws in Singapore have we no problems in Ireland to complain about anymore ??
Surely this has to be one of the dumbest comments every posted on the Journal.ie, and that is some achievement!
Doubtful they are in prison…
This was a judgment that was overturned on appeal. Appeals take months if not years. At 8 months and given this new judgment would almost certainly include time served on the previous charge.
I think you completely misunderstood the comment actually , they had pleaded Guilty to the charges , the judge threw out the guilty plea because of a dumbass law , the assailant got 8 months for the lesser charge , now re read the article and see why I still think that we don’t need “to be up in arms ” , the law just needs fixing , the guilty party pleaded guilty , I Think you are missing that , and certainly missing my position which is that I would have jailed them for 40 years. But as I said it’s the law that’s an ass here …..
As they should be. When a group is unequal, groups wanting equality shouldn’t conveniently forget the ways in which they are at an advantage when trying to level the playing field
“If he doesn’t have his bits, you must acquit”
Couldn’t help picturing Johnnie Cochran saying that!
In all fairness, the judge is in the clear on this. Even he said the law needs to change.
Penal code provision got ‘him/her’ off, can’t make this stuff up.
Penile Code surely !?!
What a load of boll**ks, or lack of even?……
Don’t forget i too for intersex.
LGBTIIQ&A.
What the actual f#%@?!?!?!?! Idiotic ruling
It’s ‘LBGTQ’ now? She was lucky not to be charged with a capital offence.
the Q stands for questioning, as in people unsure about their sexuality or in the process of discovering, i believe.
Dirty git….
have your say