20-05-2025
CNA Explains: Why was former actor Ian Fang jailed but not caned for his sexual offences?
SINGAPORE: Former actor Ian Fang was sentenced to 40 months' jail on Monday (May 19) after pleading guilty to sexual offences involving a then 15-year-old minor.
The 35-year-old pleaded guilty to three charges of sexual penetration of a girl aged under 16.
Three similar charges were taken into consideration for sentencing, along with one count of obstructing justice and one count of stalking.
Social media users commenting on the case have asked why Fang did not receive caning.
Which specific penalties does he face?
Lawyer Sanjiv Vaswani of Vaswani Law Chambers noted that Fang pleaded guilty to two counts under Section 376A(1)(a) and one count under Section 376A(1)(b) of the Penal Code.
The punishment provisions under this section fall under 376A(2) and 376A(3), which take into account different factors.
Section 376A(3) provides the maximum penalty for a person who offends against a minor below 14 years old. The punishment in this case can be up to 20 years' jail, and a fine or caning.
This section does not apply to Fang as the victim was 15 years old at the time of the offences.
The applicable Section 376A(2) has two subsections - 376A(2)(a) and 376A(2)(b) - which provide the maximum penalties for those who commit offences against victims between 14 and 16 years old.
The difference between them, however, is that Section 376A(2)(a) applies to an offender who was in a relationship exploitative of the victim. If sentenced under this provision, an offender can be jailed for up to 20 years and fined or caned.
Fang was not sentenced under this.
He was sentenced under Section 376A(2)(b), which excludes the element of an exploitative relationship.
The maximum penalty under this section is a jail term of up to 10 years or a fine, or both. This section does not include caning.
