SINGAPORE — Forensic medical examinations will be conducted on victims without their consent only under "exceptional circumstances", such as if they are in a coma and have no authorised decision-maker to give consent.

However, if the victim is unable to give consent temporarily — such as if they are intoxicated or have fainted — and there is no assessed "risk to the evidence", the police can wait to gain consent in such a case.

These changes to the Criminal Procedure Code were passed by Parliament on Monday (Feb 5).

The Criminal Procedure Code is a key piece of legislation covering arrests and investigations, among others.

Forensic medical checks are done to get evidence such as blood samples or DNA swabs, or a photo of a body part, which will be critical for investigations, particularly those pertaining to serious sexual offences such as rape.

Addressing questions from Members of Parliament (MP) about such examinations, Ms Rahayu Mahzam, Senior Parliamentary Secretary for Law, said that safeguards will be in place, such as having trusted persons accompany vulnerable victims and suspects, as well as specially trained officers conducting such examinations.

Under the Criminal Procedure (Miscellaneous Amendment) Act, the police will be granted more powers, such as the ability to search a person without warrant if they have reason to believe that the suspect possesses an item necessary for an investigation.

New sentencing options for recalcitrant and serious offenders were also passed into law, including a prison term where a criminal can be detained with no automatic release date unless the convict has been assessed to be safe enough for release.

The changes to the law also give the police the power to compel a person to undergo a forensic medical examination, by making it an offence should a suspect not comply with such an order. 

This is unless the suspect has a reasonable excuse, such as having haemophilia (a condition where the blood does not clot properly), where giving a blood sample could endanger life.

On why forensic medical examinations may be done on victims without consent in exceptional cases, Law and Home Affairs Minister K Shanmugam said that in many cases, time is critical because DNA can degrade quickly.

"Allowing forensic medical examinations to be taken in these cases is in the interests of both the victim and the public," he added.

"It can be the difference between catching the culprit, and him free and committing more offences."

PROTECTION SOUGHT FOR VULNERABLE PERSONS

During the three-hour-long sitting in Parliament, 15 MPs and Nominated MPs raised questions about the drafted changes.

Several of these questions related to how forensic medical examinations will be carried out when concerning vulnerable persons such as minors and persons with special needs.

Ms Nadia Ahmad Samdin, MP for Ang Mo Kio Group Representation Constituency (GRC), asked what should happen if a minor victim's consent to a forensic medical examination differs from the child's parents.

When it comes to conducting such examinations on vulnerable individuals such as those with disabilities, special needs or limited education, Jalan Besar GRC MP Denise Phua said that personnel in the police and medical teams should be trained in handling them.

"Some (of these persons) may not fully understand or be able to articulate their thoughts and feelings. Others may not grasp the implications of their actions due to their disabilities," she added.

"Ideally, specialised units with experts in child psychology, geriatrics, disability services, and trauma should be created to offer advice, assistance and referrals in investigations involving vulnerable individuals."

In response, Ms Rahayu said that vulnerable persons will be treated sensitively.

When it comes to victim care, there will be safeguards in place such as "reasonable privacy measures when the forensic medical examination involves the subjects' intimate parts" and communicating the examination procedure clearly to the victims.

As for suspects, Ms Rahayu said that the police will "consider them carefully" when the examination procedure is invasive or involves intimate parts.

"The police will notify the accused person, and if possible a trusted person, that the accused person has been required to undergo forensic medical examination, inform them about the relevant forensic medical examination procedure and allow the accused person to speak with the trusted person on the phone through the speaker," she said.

"This will be the general position unless the police assess that investigations may be affected."

In response to a question by Nominated MP Usha Chandradas about how the police would take into account gender identity when conducting forensic medical examinations, Ms Rahayu said that the police would follow the gender reflected on the person's identity card.

When it comes to minors' consent, the examination will not take place if either the victim or the victim's parent does not consent.

Under the new law, victims under the age of 14 require their guardians' consent, while those between the ages of 14 and 16 require both the victim and guardian's consent.

As for those above the age of 16, only the victim's consent is required.

Ms Rahayu reiterated that there will be no offence when victims refuse a forensic medical examination, but it will be an offence for an accused person without a reasonable excuse.

"The community such as the parents and caregivers also play an important role in protecting vulnerable individuals such as children," she said on sexual violence and related crimes.

"We urge them and victims to step forward, seek help and report such crimes to the police so that the perpetrators can be brought to justice."