Enhanced protection proposed for the vulnerable
Penal Code Review Committee proposes new offences against child abusers
They were abused over a long period of time by those they trusted, only to finally die by their hands.
Mohamad Daniel Mohamad Nasser, a two-year-old boy, died in 2015 after five weeks of abuse at the hands of his mother and her boyfriend.
Annie Ee Yu Lian, a 26-year-old waitress who had intellectual disabilities, died in 2015 after about eight months of abuse at the hands of a couple she considered her family.
Autopsy reports found that Daniel had 41 external injuries, while Annie had fractures to seven vertebrae and 12 ribs.
In Daniel's case, his mother was jailed for 11 years and her boyfriend for 10 years, while the wife and husband in Annie's case were jailed for 161/2 and 14 years respectively.
The cases caused public outrage, with many calling the sentences inadequate in reflecting the culpability of the offenders.
Currently, in cases where the abuse consists of a series of acts that eventually lead to death, the abuser is likely to be prosecuted under causing grievous hurt, which carries a jail term of up to 10 years.
This is because there is often insufficient evidence to prove the abuser had intended to cause death or fatal injury.
But this could change if the Penal Code Review Committee's recommendations that the vulnerable, such as young children and the mentally challenged, are given enhanced protection were to become law.
NEW PROPOSALS
It has proposed that a new offence of causing or allowing death or serious injury of a child or vulnerable person be introduced, with a penalty of up to 20 years' jail, a fine, and/or caning.
The committee also proposed another new offence - of causing or allowing death or serious injury of a child or vulnerable person - to cover the scenario in which two or more caregivers had the opportunity to cause death, but it is impossible to pinpoint who was responsible.
This provision, which would apply to the person who committed the unlawful act, as well as to someone who did nothing to stop it, will carry a penalty of up to 20 years' jail, and possible fine and caning.
Law and Home Affairs Minister K. Shanmugam said on Friday: "We're changing the law. We take into account your earlier conduct, if a reasonable person would have known, then you may face much heavier penalties."
Veteran lawyer Amolat Singh of Amolat and Partners said the suggested changes to the Penal Code are policy-driven.
"This is how the Government of the day, as a matter of policy, has decided how society will conduct itself," he said.
"It also shows how the Government is being pro-active, having taken into account previous cases, listening to what judges say, before coming to the conclusion that we really need to amend the law."
Asked how it may affect the lay person if the law is amended, he said there might be some backlash from a minority.
"But if you have done no wrong, not committed an offence, then you should not have to worry," he said.
Other key recommendations
More protection for minors
The committee recommended that minors receive more protection against sexual predators with new categories of sex offences and harsher penalties for sexual crimes involving those below 18.
A key proposal will protect minors aged 16 to 18 from being exploited for sex.
It also suggested tackling commercial exploitation. A key point was to use the term "child abuse material" instead of "child pornography" to cover not just sexual abuse but physical abuse as well.
New offence of voyeurism, flashing
There is currently no specific provision to address voyeurism - defined as the observation or recording of a person in circumstances where one could reasonably expect privacy - as well as the possession and distribution of voyeuristic images, the committee noted.
While accused will likely be prosecuted for insulting the modesty of a woman, it is gender-specific and creates an "anomaly".
It also suggested making it criminal for one to expose one's genitals in a public or private place, intending someone to see them and knowing it would cause or likely cause fear, alarm or distress.
Decriminalise attempted suicide
Treatment, rather than prosecution, is the appropriate response to people who are so distressed that they are driven to take their own lives, the committee said.
Abetment of attempted suicide to remain a crime.
Abolish immunity in marital rape
Husbands who force themselves on their wives will no longer get immunity from being prosecuted for rape under the committee's recommendation.
In 2007, the law was amended to recognise marital rape under certain circumstances, but it is now suggesting a full repeal of immunity.
FOR MORE, SEE THE STRAITS TIMES TODAY
Get The New Paper on your phone with the free TNP app. Download from the Apple App Store or Google Play Store now
