its illegal for all. If i'm not wrong, its considered "weird" or
something along that line under the law, hence its punishable even
if the girl agrees
Some explanation of the law here for those who dun understand
this part.
Section 377 of the Penal Code stipulates "Whoever voluntarily
has carnal intercourse against the order of nature with any man,
woman or animals, shall be punished with imprisonment for life, or
with imprisonment for a term which may extend to 10 years, and
shall also be liable to a fine.
"Explanation: Penetration is sufficient to constitute the carnal
intercourse necessary for the offence in this section".
Note: Culpable homicide not amounting to
murder, attempted murder and infanticide carry a similar penalty.
Voluntarily causing grievous hurt carries a far lesser penalty. And
for comparing apple to apple, the penalty is a lot heavier than
"sexual exploitation of child and young person" under the children
and young persons act sec 7 where you will only be charged for a
fine of $5000 or jailed up to 2 years or both.
The Court of Appeal had ruled in 1997 that "... when couples
engaged in consensual sexual intercourse willingly indulged in
fellatio and cunnilingus as a stimulant to their respective sexual
urges, neither act could be considered to be against the order of
nature and punishable under Section 377 of the Penal Code.
Note: In every other instance the act of
fellatio between a man and a woman would be carnal intercourse
against the order of nature and punishable under Section
377.
In other words, oral sex is not an offence if it forms part
of foreplay leading to sexual intercourse. But oral sex on its own
is an offence if it does not lead to sexual
intercourse.
Note : Interestingly enough, the Court of
Appeal referred to a series of English and Indian cases dating back
to 1817 in arriving at the decision that binds us all today. In
those cases, the victims were young boys and a buffalo. The accused
were charged and punished for putting their penises into the boys'
mouths and the buffalo's nose.
Everytime I explain this law, a question would come to my
mind....."Can durex be sued as an accomplice or advocated to a
crime by selling stawberry flavour condoms?" 