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Lawyers and observers hail proposed Penal Code changes, including 'momentous step' to repeal marital rape immunity

SINGAPORE — Lawyers and observers welcomed the proposed changes to the Penal Code unveiled on Sunday (Sept 9), as these will go a long way to enhance protection for vulnerable persons and remove “outdated” legislations such as marital rape immunity and criminalising of attempted suicide.

The Supreme Court of Singapore by night. Lawyers and observers singled out the proposals to repeal marital rape immunity provide greater protection for vulnerable victims, and expand what constitutes voyeurism.

The Supreme Court of Singapore by night. Lawyers and observers singled out the proposals to repeal marital rape immunity provide greater protection for vulnerable victims, and expand what constitutes voyeurism.

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SINGAPORE — Lawyers and observers welcomed the proposed changes to the Penal Code unveiled on Sunday (Sept 9), as these will go a long way to enhance protection for vulnerable persons and remove “outdated” legislations such as marital rape immunity and criminalising of attempted suicide.

They added that the recommendations by the committee tasked to review the Penal Code went above and beyond their expectations, noting that “significant steps” were proposed to tackle voyeurism abetted with the use of new technologies, for example.

Criminal lawyer Amolat Singh described the 506-page report — which contained 169 recommendations — as a “very well thought through and comprehensive piece of draft legislation”. Among other things, the committee identified loopholes which prevented people from getting convicted due to a lack of evidence, he noted.

Singapore Management University (SMU) law lecturer Eugene Tan added that it was a “thorough scrubbing” of the Penal Code.

In particular, the lawyers and observers singled out the proposals to repeal marital rape immunity, provide greater protection for vulnerable victims, and expand what constitutes voyeurism.

REPEAL OF MARITAL RAPE IMMUNITY ‘OVERDUE’

The proposed change to criminalise marital rape is long overdue, said Assoc Prof Tan and Association of Women for Action and Research (Aware) executive director Corinna Lim.

Calling it “a momentous step” for women’s rights in Singapore, Ms Lim said it is a “powerful signal that the State does not condone any form of violence against women, including within marriage”.

Based on Aware’s experience running the sole care centre for victims of sexual assault, Ms Lim told TODAY that “the majority of sexual violence against women is committed by perpetrators known to them, including intimate partners”.

The lawyers and observers also welcomed the introduction of new offences relating to voyeurism which will provide for the prosecution of offenders who secretly film, distribute as well as possess and access obscene videos.

They noted that such cases have become more frequent, and taken on various forms with the advent of new technologies, such as live-streaming.

According to Aware, one in five cases of voyeurism in 2016 involved technology. Almost half of such cases involved “image-based” sexual abuse or harassment, including revenge pornography and “sextortion”.

Ms Lim said the impact from the distribution of intimate images and voyeuristic recordings are no less harmful compared to physical forms of sexual harassment.

“In fact, the shame and loss of control are amplified in such cases because of the unpredictability surrounding the use of images and the ensuing aftermath,” she added.

Making the access of obscene videos illegal would reduce the demand for pornographic images, said Assoc Prof Tan, who added that public spaces should not be feared as places where people “might become unknowing victims of a crime”.

“If there is a demand, you can be sure that there will be people who try to meet the demand,” he said. “If people don’t access voyeuristic materials for example, you can expect the supply to be reduced.”

Mr Singh was struck by the wide range of sexual offences that were being introduced or fine-tuned in the report.

He noted that the legislations also took into account exemptions, for example, in a hypothetical case of a teacher or parent who is found to possess pornographic material but is using it for educational purposes.

“So in that sense, it is not just like a sledgehammer to whack everybody. There's been a lot of fine tuning,” he said. 

Assoc Prof Tan felt that the enhancement in penalties and the introduction of new offences to protect vulnerable victims showed that the committee has taken a “no-nonsense approach to crime committed against children”.

“The proposed criminalisation is across the entire chain. Not just (towards those) who possess child pornography, but those who distribute or access this kind of materials,” he added.

Nevertheless, Ms Lim felt that more should be done for vulnerable persons to come forward and report cases of abuse. She cited research that showed how an increase in the certainty of punishment would more likely act as a deterrent, as compared to an increase in the severity of punishment.

“We recommend that our efforts should be focused on making legal reporting procedures less cumbersome and on sensitisation training for statutory authorities,” she said. 

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