SINGAPORE: Why was a mother who did not stop her lover from sexually assaulting her young daughter not punished along with him? That appears to be the question on netizens’ minds, after news of the man’s conviction was released on Monday (Feb 26).
The question stems from the fact that the victim had tried confiding in her mother about what was happening. The mother knew that the 47-year-old man had sex with her daughter regularly, but did nothing to stop it, the High Court heard.
AdvertisementAdvertisementLawyers Channel NewsAsia spoke to said that there could be grounds to charge the mother under the Children and Young Persons Act, for abetting the crimes, or for failing to report. Still, the prosecution is likely to take into account what is best for the victim, they said.
According to court documents, the mother, referred to as “J”, confronted the lover and quarrelled with him, but that did not stop the sexual assaults. The victim eventually stopped confiding in her mother as she found it futile - her mother would simply get angry with her and did not intervene.
The victim was just seven to eight years old when the man, who assumed the role of her guardian, started sexually assaulting her. He was sentenced to 34 years in jail and 24 strokes of the cane on Monday.
VICTIM’S WELFARE MAY TAKE PRIORITY OVER PUNISHMENT OF MOTHER
AdvertisementAdvertisementMr Sunil Sudheesan, president of the Association of Criminal Lawyers of Singapore, said that J probably will not be charged given that she is the only remaining parent of the victim.
“The prosecution has to balance sending the sole parent to prison for a crime she might not know about against ensuring the victim’s welfare,” he said.
The High Court heard that J visits the accused in prison every week and has not seen her daughter in a long time.The victim, who is now 15 years old, wishes to mend relations with her mother,
Lawyers said the prosecution would be mindful of charging J as that could further harm the victim, after years of trauma, and compound her problems.
Advertisement“Sometimes they don't charge because they do not want the relationship between mother and child to be estranged further,” said criminal lawyer Gloria James.
Even more important than punishing the possibly culpable party would be ensuring child is kept safe, and is able to adhere to counselling plans a counsellor has for her, added lawyer Vinit Chhabra.
In any case, lawyer Adrian Wee said that it may be difficult to make out a charge against J.
"The law generally does not impose a duty on any person to stop the commission of a crime", he said, adding that there is a difference between a legal duty and a moral duty.
The failure of a parent or guardian to take action in order to stop sexual abuse and subjecting a child or young person to sexual abuse may or may not amount to a crime depending on the facts of the case, he said.
However, a person would be more likely to have committed an offence if he or she had actively "done something" to assist the abuse as opposed to simply failing to stop it.
THE PSYCHE OF A CHILD
No matter how badly their parents treated them, children remain hopeful that their parents will protect and care for them in the future, said Dr Carol Balhetchet, a clinical psychologist who has under her belt almost 20 years dealing with youth.
In this case, she said, not only is there no protection, there is a betrayal of trust, the saddest, most traumatic experience a child can ever have”.
According to court documents, the victim suffers flashbacks of the incidents of abuse and fears that the man would take revenge on her. She said long-term therapy would be required to pave the victim’s way to recovery.
“Children try so hard to forget and they may succeed. But one one day, something is bound to trigger it. Only if she goes for long-term therapy can she be emotionally, mentally, psychologically balanced again,” she said.
The experience is something she has to live with all her life, but she will benefit from being able to express her emotions, Dr Balhetchet added. Most children do not want to say bad things about their parents and their partners, but she must be given the permission to be sad and angry, upset and disappointed, she said.
While she may be distrustful of her mother, she would still want her in her life, Dr Balhetchet said.
“Children, they are hopeful for that crumb of love.”
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