Sex work is just like all the other professions, we, Project X, strongly believes that sex

workers deserve the same basic human rights. This article is about what the sex workers’
rights are and how to work safely in Singapore.

Law related to sex workers in Singapore

Sex work per se is not illegal in Singapore. In February 2009, former Senior Minister of State
Associate Professor Ho Peng Kee said that, “As members are aware, prostitution is not an
offence in Singapore. We recognize that it is not possible to eradicate it and forcing it
underground will lead to the greater likelihood of involvement by triads and organized crime,
the trafficking of women, and public health risks.” However, that does not mean that sex
work is legal. First and foremost, migrant sex workers are by definition “prohibited migrants”
(Immigration Act, Art.8(3)(e)(f)). In addition, many sex work-related activities are
criminalised. This includes:

● Soliciting in a public place for the purpose of prostitution (Misc Offences Act, Art.19)
● Pimping or living on the earnings of a prostitute (Women’s Charter, Art.146)
● Owning a brothel (Women’s Charter, Art.148)
● Buying or obtaining a woman for the purposes of prostitution (Women’s Charter)
● Using a “remote communication service” to advertise or promote sex worker
(Women’s Charter)

Male and transgender sex workers may face additional charges such as:

● Public obscenity (Penal Code, Section 294)

● Gross indecency or homosexual sex (Penal Code, Section 377A)

Licensed and unlicensed workers

In practice, the police regulates and monitors a limited number of brothels. In particular, the
Anti-Vice Police department issues licenses to brothels and provides clearance for brothel
sex workers to acquire a Work Permit. Sex workers in such establishments are required to
undergo monthly health checks and are given the infamous “yellow card” (literally—it is a
yellow coloured card). There will be mandatory HIV/STI testing at Department for STI
Control. It is important to note that these testings are self paid. The State does not publicly
acknowledge this, however, through our work, we managed to learn of some criterion for
application of the yellow card:

● The applicant has to be between 21 to 35 years of age

● The applicant cannot be Malay or Muslim
● The applicant cannot be Male on your identification card (this includes pre-operative
transgender persons)
● The applicant has to be from a list of approved countries (i.e. China, Malaysia, Thai,
Vietnam and Singapore)

Most workers under the yellow card system are migrants. They will have to undergo an
interview and sign a contract with the Anti-Vice police upon arrival. We understand that
some workers were asked at this point if they have been coerced into this industry. Amongst
other things, the agreement states that one will not break any local laws, and that once their
contract ends, they will face a travel ban lasting between three years to a lifetime. Other
terms and conditions include not soliciting outside one’s designated brothel, not loitering in
public spaces, and not to be in relationship with a Singaporean.

Workers under the yellow card system work full time–up to 6 days a week and compensation
has to be provided if more off-days are required. Workers are not entitled to medical leave or
any form of medical benefits–all health tests are undertaken with their own money. Brothels
are not legally obliged to ensure that safe sex happens on their premises–in fact, there have
been reports of brothel owners allowing unsafe sex.

All other sex workers who are not on the yellow card system are considered “illegal”. They
are subjected to constant and violent raids, harassment, intimidation, imprisonment and
other forms of degrading treatment and criminalization. They also face entrapment which is
where police officers pretend to be customers. Part of the earnings goes to room rental.
However, compared to licensed workers, there is no restriction on working hours and
locations for unlicensed workers. Voluntary STI and HIV testing may be subsidised or free
testing. For more information about the subsidised or free testing, you may approach Project
X.

Possible abuses faced by sex workers

It is important to note that the workers are possible to be raped. The workers have
boundaries as well. In Singapore context, the action is considered as rape when a cisgender
man penetrates a cisgender woman’s vagina without her consent. The must-do actions after
being raped are to report to the police and get a rape kit done within 72 hours after the police
report. Do note that the sequence of these actions are highly important. To make sure the
police interview conducted professionally, Project X will refer to AWARE’s Sexual Assault
Care Centre (SACC). The interview will be conducted with the Serious Sexual Crimes
Branch. Conviction requires strong evidence, such as cctv footage, DNA evidence,
confession by the rapist and credible witnesses. Other sexual crimes include sexual assault
by penetration and outrage of modesty. Both crimes apply to any gender and any body part
involved.

Sex workers may face physical assault. Physical assault without weapon and without
grievous hurt is a non arrestable offence, which means police will not do anything. However,
a police report can be made for record purposes. It costs at least S$20 for filing fees at
Magistrates Court. You can represent yourself or by a lawyer. After the filing, there will be
mediation by the court. If mediation fails, the case will be transferred a judge. If the judge
agrees it needs to be investigated, police will be ordered to do so. On the contrary, physical
assault with weapon and/or grievous hurt is an arrestable offence. The must-do actions are
to make a police report and get form from the police in order to go to hospital for medical
check up. It is important to retain and preserve all possible evidence such as witnesses, cctv
footage, photographs of injuries.

Sex workers may also face harassment and theft issues. The victims may apply for
Protection Order (PO) at Magistrates Court for the filing fees of at least S$120. A lawyer is
needed to help filling up affidavit and originating summons, the legal fees are estimated
about S$1000. You can represent yourself, or get a lawyer. Mediation will take place at the
court. If it fails, it will go to the judge to decide. For theft cases, it is incredibly hard to
apprehend the thief unless there is cctv footage and witnesses or confessions.

One of the many common abuses sex workers may face is police brutality. First thing to do
is to file a police report. If the report is credible, the case will be transferred to Internal Affairs
Office (IAO). The abused sex workers must tell the truth, including the professions, as lies
may affect the outcome of the case.

In conclusion, it is important to know that police must investigate crime reported or made
known to them in Singapore. Otherwise, tt is your right to request for reasons why the case
is not investigated. Do note that no one can make a report on your behalf, but you can bring
someone for accompaniment. You may approach Project X for further assistance. In
Singapore, it is 100% sure that you have the right to lodge a police report against a police
officer. These reports are taken seriously as they are automatically processed by a separate
internal investigation department.