CNA: Penal Code review to add protection for minors, flexibility for judges

SINGAPORE : The Singapore government is proposing new laws to better protect young people and those with mental illness from being sexually exploited.

But it is also leaving sexual conduct between consenting adults private.

As part of an extensive review of Singapore's primary criminal legislation, the new Penal Code proposes to de-criminalise anal and oral sex, as long as it's done 'in private between a consenting adult heterosexual couple, aged 16 years and above'.

Some 600 men go to Batam every week for sex with under-aged girls, and most of them are Singaporean men, according to a study conducted earlier this year.

To send a message that all children should be protected from sexual exploitation, the Home Affairs Ministry is proposing new laws to punish those who operate, promote, or go on child sex tours.

But the State wants to stay off private bedroom matters.

Anal and oral sex will no longer be illegal unless the person is forced to perform the act without his or her consent, or if the person is under 16 years of age.

Strict liability will also be extended for those who engage in sexual activities with minors under 14 years of age.

Tougher penalties will also be introduced for outraging the modesty of a minor under 14 years of age.

And in line with the Restricted 21 (R21) film classification, the offence for a person to sell, hire, distribute, exhibit or circulate any obscene object to persons under 20 years old, will be raised to 21 years of age.

The Ministry also wants to change the scope of offences under incest and rape.

Current laws do not allow for prosecution against a husband for raping his wife because he enjoys marital immunity.

The new Penal Code aims to remove this legal protection, on the condition that the wife is legally separated from her husband, or has taken a Personal Protection Order to prevent her husband from having sex with her.

But some say it doesn't go far enough.

Associate Professor Kumaralingam Amirthalingam, a law lecturer with the Faculty of Law at NUS says: "I think we should move ahead and get rid of the immunity in its entirety. Yes, there may be difficulties in the area of enforcement but it's no different from any other area of criminal law. It's difficult to prove but we'll leave it to the criminal system.

"If we have a good prosecutor and good judicial system, then the truth should surface. And I don't think we need to maintain this immunity.

"One example of domestic violence is sexual abuse of the spouse. And to deny the spouse of prosecution of rape seems to be a fundamental violation of the person's rights. Marital rape cannot be condoned, and there should not be an immunity. What the government is doing now is a welcoming step but I think it can go a little bit further."

On sex between homosexuals, the Ministry has plans to keep the status quo.

"These should essentially be seen as private matters within the home. One of the bigger issues is whether this is a signal by the government of greater acceptance of homosexuality in Singapore," says Associate Prof Kumaralingam Amirthalingam.

"I don't think the government is prepared to make a statement on this. But if you look at the history of prosecution under Section 377, which is the relevant provision here, I don't think you'll find any prosecutions of homosexual sexual activity between consenting adults within the home."

"So in that sense, it's a typical Singapore way of managing this issue without getting embroiled in the political and social problems that we're not ready to face," adds the law lecturer.

"I think the general feel is that we're still not ready to introduce major changes in these areas. I think the major changes would be what the government has said a few years ago, that it's all right to have homosexuals working in government departments. I think that's the major change," says Ellen Lee, member of the Government Parliamentary Committee for Home Affairs and Law. She is also the former president of Singapore Association of Women Lawyers.

Still, not everyone agrees.

"If you are a homosexual or a lesbian, I think you can get into trouble. We are talking about an inclusive society and being more broad-minded. Why do we want to keep these people away, out of the circle? I think we should be more broad-minded, more sympathetic and allow these people to be included in our society," says Subhas Anandan, president of the Association of Criminal Lawyers in Singapore.

"It's not necessarily for major legislative change to signal changes. But the legislation will only be changed when there is sufficient justification to warrant it, because the larger section of society think that it's time for those changes to take place," says Ellen Lee.

"With the introduction of the changes, we can expect that judges will be given more leeway. And taking into account the changes of people's behaviour, the different situations, I think now we've got a wider range of circumstances that may justify a more lenient sentence, a more community-based approach that we may really be in sync with society."

The Ministry is also proposing to repeal four laws which have become irrelevant or archaic.

It's also re-defining words like 'sexual', 'touching', 'penetration', and 'obscene' and elaborate on the concept of consent.

Lawyers say the proposed changes are in line with Singapore's push for a more open, compassionate society. - CNA /ls

Asia Sentinel: Asia's biggest gay circuit party takes a final bow (Oct 30)

Dinah Gardner

30 October 2006

Asia’s biggest gay circuit party takes a final bow “Fundoshi are still used as traditional sports underwear; like a Jock strap the rokushaku fundoshi is tight on the scrotum and lifts the penis to the side upwards positions.” - Wikipedia The Japanese dancer at the Phuket Hilton wasn’t getting much scrotal support from his fundoshi. He had teased them down over his buttocks, and, back to the crowd, was wiggling his well-shaped rear. The audience of semi-naked men roared their approval. A girl reached up and tucked 100 baht into his loincloth. The dancer and his white fundoshi were part of the show at Nation, Asia's biggest gay circuit party, now in its sixth and final year. Gay men and women from all over the world, but mostly from Asia, paid $180 for a three-day pass to dance to international DJ's, party around the pool and watch Japanese go-go boys and drag shows at the luxury hotel. The organizers even hired a flagger, a man in shiny tights and a handlebar moustache, who made a whirling dervish of color around his head by spinning tie-dyed cloth hemmed with glow sticks through a laser show backdrop. “The venue is great; the DJ's are fantastic,” says Stuart Koe, the Singaporean founder and chief executive officer of Fridae, the party organizer. The Singapore-based firm also runs Asia’s largest gay web portal at fridae.com and two other annual gay circuit parties – Snowball and Squirt. All of this outrageousness seems decidedly un-Singaporean but Koe started Nation six years ago because he thought it would be “cheeky to call it Nation and have this big gay party on the eve of Singapore’s national day. It was all about being cheeky.” The first party was held in a warehouse in Sentosa in Singapore and attracted more than 1,000 partygoers. “We made it into something that outgrew all our expectations,” he adds. “At its peak in 2004, we had 8,000 people partying in Sentosa.” After four years in Singapore, Koe was forced to relocate after the government of then Prime Minister Lee Hsien Loong began refusing the organization permission to hold their parties on the island. The government's move was seen as an end to its relatively liberal policy towards gays. For four years previously it had appeared to be courting the pink dollar. The official line for the nanny state ban was that large gay parties were against the public interest. So in 2005, Koe moved the party to Phuket, Thailand, where there is greater tolerance to homosexuality. But now, Koe says, this is it. “We have limited resources and we can't afford to commit this level of human resources to organizing big events anymore,” he says. For good bye it was a swirl, flirty and flamboyant. At the welcome Military Ball, party men clubbed in army fatigues. A group slung leather holsters across their bared chests, another donned a gas mask. One man sported a t-shirt which invited the reader to “enjoy the extra inches”; tattoos were definitely in. Other nights, partygoers covered themselves in gold leaf or twined themselves in light sticks, while the majority just took their shirts off. One clubber partied in his wheelchair. Headline acts included New York DJ Tony Moran – currently producing and mixing for Janet Jackson and Deborah Cox -- lesbian DJ Kate Monroe from Australia and artists from London, Taiwan and Japan. “Saturday night was fabulous. Tony Moran is a miracle,” says James, a Taiwanese thirty-something who would only give his first name. “I don't come here just to party, but also to show support and hang out with my friends,” adds James, who is a regular at Fridae-hosted parties. This year, he notes, there are definitely more Caucasians. “Nation is the biggest single gay event in Asia, and so of course all those Caucasians come here to find Asian boys.” Londoner Marck Hill says he bought his Nation ticket because he had so much fun at a similar event last December in Taipei. It wasn’t so much to do with the pursuit of Asian boys, he insists. “We spent the afternoon having botox and now we’re here to party,” he laughs, adding that at 38 he’s already a grandfather. “I’m here for the hot men,” winks his American friend, who wouldn’t give his name as he eyed a Thai boy in tight, tiny shorts and a sailor cap mincing by. “Is it a man? Is it a woman?” the man laughs. “We want real men.” This year, says Koe, between 1,500 and 2,000 people partied at Nation. Last year’s event attracted 2,000 revelers. This year the numbers also got a boost from W@Nation, a concurrent event with sponsored Singapore-based lesbian party organizer Twoqueensparty. The 50-odd girls – mainly from the Island nation – got to party with the boys and have their own events, including girls-only pool parties. Says Twoqueensparty founder Irene Ang: “We have the same vision for gays and lesbians. We want to create a space, a family for gays and lesbians to get together and be themselves.” But why so few women? The question elicits responses that underscore differing cultures at play. “You girls just want to shack up together and raise cats,” laughs Hill. “Guys want to go out and party. Girls want to stay home and cook and knit.” “Our parties are driven by men wanting to meet men,” says Koe. “It’s not just for sex, but when you get down to it, it is driven by that. Women like to socialize – say with dinner parties with their close-knit friends. They are more laidback, there’s more depth to their friendships. Men are more hedonistic.” Although their numbers were small and despite a possible tendency to stay home and knit, the girls clubbed as hard as the guys, dancing and stripping down to their bras. Looking back on Nation, Koe is satisfied that something a bit more than just fun and cruising has been accomplished. “Our mission is to empower gay Asia. We want gays to feel good about themselves. To not have any self doubt, to feel like they belong. In some ways our parties are preaching to the already converted. The crowd that come are a niche group (from within the gay community),” says Koe, who is also active on AIDs issues and is a consultant on HIV for both the Hong Kong and Singapore governments. “I think we can reach more people by doing our website and advocacy work behind the scenes.” If this really is the last of Nation it will likely mark an end – at least for a while – to large scale gay circuit parties in Asia. Although there are several party organizers around they are likely too localized to take over from Nation. Gay circuit parties are big business, particularly in the States, and it takes a big organization to pull one off. Back at the Hilton, meanwhile, gay men stroll around the resort hand in hand or tug at each other's shorts. The thump of house music reverberates around the elegant resort while regular holidaymakers look a little bemused at what they have stumbled into. “I feel sorry for the families," grins James. "They come here expecting a nice quiet holiday and they go to the pool with their kids and it's full of semi-naked muscle men. “On the other hand it's a great chance to educate your kids, show them what being gay is in a really friendly atmosphere… For once straight people are in the unusual position of being in the minority. And look, all the gays are very accepting!”

TNP: S'pore gay returns, says 'Things have changed' (Oct 19)

S'pore gay returns, says 'Things have changed'

SHE left Singapore at 18 as a gay asylum seeker. Mary (not her real name), 32, was granted asylum in Canada in 1995 but has since returned to Singapore.

19 October 2006

SHE left Singapore at 18 as a gay asylum seeker. Mary (not her real name), 32, was granted asylum in Canada in 1995 but has since returned to Singapore.

She left for Toronto in 1993 after being beaten up by a group of men who saw her and her then-girlfriend holding hands.

She told The New Paper: 'Those were different times - we were still being beaten up, harassed - it wasn't like how it is now. There was a sense of fear - but things have changed.'

With whatever savings she had, Mary bought a plane ticket to Toronto. She initially lived in hostels. Then she found a more permanent accommodation.

To pay for school and living expenses, she worked part-time.

One of her few Singaporean friends was a gay male who shared the same immigration lawyer. She had nearly no contact with her family back home throughout her stay there.

She moved back to Singapore in 1998 after being diagnosed with chronic fatigue, which rendered her unable to work.

As her savings were dwindling, her family paid for her plane ticket home.

But Mary said her homecoming was joyful.

'I found that the (gay) community had grown, that it wasn't so underground anymore,' she said.

'The moment I realised that Singapore was opening up, I wanted to be here, to be a part of it.

'Most of us don't want to go - I didn't.'

Now, Mary works as a counsellor, dealing mainly with young women in similar circumstances.

She does not plan to return to Canada.

'At that time, I had to be where I wasn't going to be living in fear. I was scared - but it was a learning experience.'

365Gay,com: It’s a Crime to Be Gay but Singapore Wants Our Money

Singapore—Homosexuality in Singapore is punishable by up to two years in prison, but, a government run bank says it is going after the pink buck.

The DBS Bank announced this week it is looking into issuing a special credit card targeting the gay market. The bank points to studies showing that gays are “affluent” and that they support brands that touch them personally.

“If the market is big enough, we will consider it,” said Edmund Koh, head of consumer banking at DBS.

The Singapore government’s investment arm, Temasek Holdings, owns 28.8% of DBS.

Singapore’s government has recently refused to let the country’s largest gay rights group register as a society. Last month the government ordered Singapore’s only gay rights organization to disband.

Nevertheless, several mainstream Singapore businesses have begun chasing gay market and are pitching their services and products to homosexual customers.

The island’s Prime Minister, Goh Chok Tong said that despite the official line, his administration would hire openly gay people.

PRWeb: World's First Guide to Gay and Lesbian Life in Singapore, Malaysia and Indonesia (Apr 22)

World's First Guide to Gay and Lesbian Life in Singapore, Malaysia and Indonesia

Landmark publication unzips the thriving gay scene in three of Southeast Asia's most conservative countries.

(PRWEB) April 22, 2006 -- Which country is home to Asia's fastest growing openly homosexual sub-culture? Would you believe tiny Singapore? With more than 30 openly gay businesses in the tourist-friendly Chinatown neighborhood alone, Singaporean entrepreneurs are feeling free enough to fuel a huge boom in the city-state's pink economy.

But which country do gay Singaporean's think has the hottest scene going? They point to their neighbor, Malaysia. Indeed, though still largely underground, Malaysia's gays and lesbians have a steadily growing number of restaurants, clubs, spas and gyms that openly welcome them and world-class venues are popping up in even small cities like Penang and Kota Kinabalu.

Singapore's other neighbor, Indonesia, while commonly known as having the world's largest Muslim population, also has some of Asia's longest-running homosexual activist groups and a wide variety of traditional alternative sexualities that are an integral part of Indonesia's cultural mosaic.

The Utopia Guide to Singapore, Malaysia & Indonesia reveals for the first time in print the fascinating and variegated queer lifestyle of these countries in one hefty volume filled with a surprising wealth of information. Listed within are contact details for organizations and businesses that are popular with both local and visiting homosexuals, including accommodation, bars, discos, spas, and restaurants. A special section of the book highlights groups, clubs, and spaces that are especially welcoming for women. Hundreds of tips and warnings from locals and visitors provide first hand insights for both frequent visitors and armchair explorers.

Commenting on the surprising abundance of gay life in a very conservative region, Singaporean gay activist, Alex Au, writes in the book's preface, "The reason for this contradiction may be because, despite the political or religious rhetoric, at the social level, the people of these countries are tolerant and hospitable."

Indonesia's first gay pride celebration took place in Surabaya, on June 25, 1999. Singapore's first public festival, Indignation, took place during the month of Aug in 2005 and is set to repeat this year with expanded activities and a higher profile.

But despite growing advances in personal freedoms, activists in all three countries continue to encounter official obstacles. In 2006 Singapore government officials awarded a large grant of public money to a homophobic Christian group that attempts to straighten out gays. In March this year Kuala Lumpur police tried to crack down on businesses that cater to gay customers by fining owners for petty license violations, bringing criticism from local AIDS/HIV educators.

The Utopia Guide to Singapore, Malaysia & Indonesia provides a remarkable insider's glimpse at the vibrant, everyday life enjoyed by gays and lesbians in Southeast Asia.

The book is available for sale now in printed and electronic form at www.utopia-asia.com/utopiaguide/ and will also be available in bookstores internationally and from popular online book resellers in May.

A pioneer on the Internet, Utopia has been Asia's most popular resource for gays and lesbians since 1994. Utopia's website is located at www.utopia-asia.com and more information about Utopia may be found at www.utopia-asia.com/utopiais.htm

"These fun pages dish out the spice on even the most buttoned-up spots in Asia." -- TIME Magazine TIME Traveler

"A really good place to start looking for information... excellent coverage of gay and lesbian events and activities across Asia." -- Lonely Planet

FDA inches toward easing gay blood donation ban

by Bob Roehr

The lifetime ban on gay men donating blood may be eased to a 12-month deferral if scientific evidence presented at a March 8 workshop in Bethesda, Maryland is turned into policy guidance by the Food and Drug Administration. All of the major players in the blood products industry now support that position.

The FDA policy adopted in 1985 recommended deferral of blood donations by populations based upon their risk behaviors for the transmission of HIV. Little was known about HIV at the time and the test to screen blood for the presence of HIV was new and of questionable accuracy. Excluding the highest risk individuals, then gay men, made sense.

Blood screening tests have been improved over the years so that they detect the actual virus itself, not just the antibody to it, which takes longer to develop. There is only a very brief period of 10-21 days after initial infection when the virus might not be detected.

Men who have sex with men currently are banned for life from donating blood, even if they are in a monogamous relationship. Injection drug users and commercial sex workers can donate blood once they had abstained from those activities for at least a year.

The FDA revisited the policy in September 2000, suggesting that increased knowledge of HIV and improved technologies for screening blood for the virus had made it possible to modify the gay exclusion from a lifetime ban to a 12-month exclusion, in line with other high risk groups.

The American Association of Blood Banks, the association of transfusion medicine professionals, and America's Blood Centers, representing local organizations that collect nearly half of all blood in the U.S., both supported the modification. Only the American Red Cross testified against the change, and that was sufficient for the advisory committee to vote 7-6 not to support changing the guidelines in 2000.

This time around the Red Cross fell into line and in a joint statement presented by AABB senior medical adviser Steven Kleinman, the three organizations called the lifetime ban for gay men "medically and scientifically unwarranted." It recommended making the deferral criteria the same for all high-risk groups.

They also warned the FDA, "The continued requirement for a deferral standard seen as scientifically marginal and unfair or discriminatory by individuals with identified characteristics may motivate them to actively ignore the prohibition and provide blood collection facilities with less accurate information."

An additional concern is that grassroots opposition to the ban has arisen in high schools and on college campuses across the country over what many see as a discriminatory policy. That has made it more difficult to conduct blood drives among younger volunteers and establish patterns of regular donations that can last a lifetime.

To help ease any remaining qualms about changing the policy, the groups offered to assist in gathering data on its impact, should it become advisable to revisit the proposed change.

The FDA Blood Products Advisory Committee was briefed on the workshop when it met the following day, but it was not asked to comment. The FDA may propose revising its donation guidelines later in the year.

The advisory committee also discussed the FDA's proposed procedures to review and approve over the counter sales of tests for HIV. The company that makes the OraQuick saliva test to detect antibodies to HIV has said that it will seek such approval, and after the meeting said it would move forward with the types of trials outlined by the FDA.

The OraQuick test is widely used by public health agencies to screen for the virus both within clinics and at mobile sites. Some HIV agencies say that making the test more easily available runs the risk of inadequate counseling to what the test means and linking those who test positive to services, while others support wider access under appropriate safeguards.

03/16/2006