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Tue, Apr 21, 2009
The New Paper
Offence worse than being nude in public

>PERFORMING sex acts in public is illegal, said three lawyers contacted by The New Paper.

The men could possibly be identified as their faces can be seen in the video and this could aid in their prosecution.

Mr Luke Lee, 56, a lawyer in private practice, said the men could be charged for committing an obscene act in public, and could be jailed for up to three months, and/or fined under Section 294 of the Penal Code.

He said the incident in the lift was worse than appearing nude in public because of the public exhibition of sex acts.

He said: "This incident goes beyond the hoo-ha about homosexuality. Even if a man and a woman had sex in public, it would be just as serious."

However, a senior counsel, who declined to be named, said the men could still be charged under Section 377a of the Penal Code, which criminalises sex acts between men.

This is a more serious charge, and carries a jail term of up to two years.

Mr Pritam Singh Gill, a lawyer in practice for 20 years, said that if the video was posted online, they could be charged with distributing or circulating obscene material by electronic means.

If found guilty, they could be jailed up to three months, fined or both under Section 292 of the Penal Code.

He said the police have extensive powers under the Misuse of Computer Act to locate the perpetrators and establish their identities.

A police spokesman said: "It is unclear from the limited information... which is lifted from a blogger's posting, where and when this incident took place.

"Without more details, it is not feasible for police to comment on the matter... If anyone has more information on this incident, they may lodge a police report at any Neighbourhood Police Centre."

Ms Sheena Jebal, CEO and principal psychologist of NuLife Care and Counselling Services, thinks this incident shows that young people have got bolder.

She believes the video was taken for the personal consumption and sexual gratification of the two men, who might have done it for the thrill of performing the unthinkable in public and getting away with it.

"It is unlikely that anyone in Singapore would allow such personal videos to be released online," she added.

However, Dr Carol Balhetchet, director of youth services at the Children's Society, believes the video was deliberately disseminated, and the men were trying to make a statement of bravado through it.

She said: "They want to make an impact, to be known... They want to be caught, and to have people look at them."

Dr Balhetchet said if the two men just wanted the thrill of having sex in public, they would have chosen a less open place, such as a stairwell, beach or park.

Dr Balhetchet suspects that there are underlying reasons for the men to commit such an act, and they ought to be made aware of the consequences of their actions, probably through therapy and counselling.

Read also:
» Male couple put HDB void deck sex video online

This article was first published in The New Paper.

 
 
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