SINGAPORE: The maximum penalties for three types of sexual offences will each be increased by a year, after a review of how some sexual and violence-related crimes are sentenced by Singapore courts, the Minister of Law said on Friday (Mar 5).
On top of this, mitigation pleas in certain types of offences based on the offender’s educational qualifications or academic potential “should not carry much weight”, said Minister K Shanmugam in a ministerial statement in Parliament.
AdvertisementAdvertisement“You shouldn’t be able to come to court and say you have a bright future, you will go far and so on,” said Mr Shanmugam, who is also the Minister for Home Affairs.
"You can go far. But first - serve the sentence," he said. Members of the House thumped their chairs in approval at this statement.
The move comes after widespread debate over the sentencing of multiple university students for sex-related crimes, with some calling for tougher sentences.
[h=3]READ: Commentary: All this anger over voyeurism but what we need is respect[/h] AdvertisementAdvertisementThe three types of sexual crimes that will have their maximum penalties increased are: Outrage of modesty or molestation, sexual activity carried out in the presence of a minor aged between 14 and 16 or showing them sexual images, as well as similar activity done in front of a minor aged between 16 and 18.
There has been a 24 per cent increase in number of reported cases of outrage of modesty from 2016 to 2020 versus 2011 to 2015, said Mr Shanmugam.
[h=3]READ: Male molest numbers continue to rise; experts say some victims struggle to report cases[/h]As egregious cases should be dealt with more severely, the maximum jail term will be increased from two years to three years for molestation.
AdvertisementThe maximum penalties for sexual activity in the presence of minors or showing sexual images to them - whether they fall in the age bands of between 14 and 16 or 16 and 18 - will be increased from one year to two years' jail.
"Voyeurism is not merely a thoughtless act that a young student commits in a moment of folly," said Mr Shanmugam.
"These and other similar offences, whether committed against female or male victims, should be dealt with seriously.
"These actions must be seen as an affront of fundamental values. There can in general be no excuses for these offences."
AGC WILL OBJECT TO REHABILTATIVE SENTENCES FOR SOME TYPES OF CASES
Mr Shanmugam added that the Attorney-General's Chambers (AGC) will generally object to rehabilitative sentences - such as probation - for adult offenders who commit certain types of sex crimes or crimes causing physical hurt.
The need for proportionate punishment and deterrence must take precedence over rehabilitation, said the law minister.
Mr Shanmugam said it should be clear that an offender will not receive a lighter sentence simply because he has higher educational qualifications or better prospects.
[h=3]READ: More than 40,000 sign petition against NUS student's sentence in molest case[/h]Voyeurism and similar offences committed against female victims should be dealt with seriously and there can be no excuses in general for such crimes, he said, adding that rehabilitation should not trump principles of proportionate punishment and deterrence.
Applying the new amendments to the law to past cases that have drawn public attention and debate, the law minister gave the example of a Yin Zi Qin, an NUS student who climbed into his ex-girlfriend's home with her and strangled her.
[h=3]READ: NUS student admits climbing into ex-girlfriend's home, strangling her[/h]He was given a short detention order for 12 days, a day reporting order for five months with counselling and an order to complete 80 hours of community service over a year.
This was in accordance with the law at the time, said Mr Shanmugam. However, if he had committed these acts on or after Jan 1, 2020, when new Penal Code provisions kicked in, he would likely have been charged under the new offence of voluntarily causing hurt to a victim whom he was in an intimate or close relationship with.
He would have been liable for up to twice the maximum penalty for voluntarily causing hurt: Up to six years' jail, a fine of S$10,000, or both.
Under the new law, he would not have been eligible for community-based sentences as these are generally only available for offences punishable with a maximum jail term of three years.
The criminal justice system reflects the values of society, and the starting point should be that such criminal conduct should never have happened, with "no excuses", said Mr Shanmugam.
ADVISORY PANEL TO BE SET UP, GUIDE PREPARED TO EDUCATE PUBLIC
Beyond this, an inter-agency sentencing advisory panel will be set up to issue non-binding sentencing guidelines to help achieve more consistency in sentencing and better public education on such issues.
The panel will include stakeholders from the criminal justice system including the AGC, the Ministry of Home Affairs, the police and members of the judiciary.
To help the public find out more about the sentencing process, the Ministry of Home Affairs and MinLaw have prepared a guide on sentencing in Singapore, with the help of the AGC and the Law Society.
The guide explains sentencing processes in the courts and addresses questions of public interest such as what sentencing objectives are, what are the common types of sentences imposed, how a court decides what sentence to impose and what factors it takes into account.
[h=3]READ: Penal Code changes to protect vulnerable victims, minors to kick in on Jan 1, 2020[/h]The increased penalties are the latest in several amendments the Government has made over the years on sex and hurt crimes. In 2019, amendments to the Penal Code and the Protection from Harassment Act meant offenders face enhanced penalties for cases involving minors, victims in close or intimate relationships with the offender, domestic workers and physically or mentally disabled victims.
Amendments that kicked in on Jan 1, 2020 criminalised acts that have become more prevalent with technology, such as voyeurism and spreading intimate images without consent.
Let's block ads! (Why?)
More...