RAPE AND OTHER SEXUAL OFFENCES (Deterrent punishments)

Mr Hwang Soo Jin asked the Minister for Home Affairs if he will give an assurance that punishments under the law for rape and other sexual offences will be sufficiently severe at all times to serve as a deterrent to likely offenders and that the investigative procedures involved in such cases will not discourage victims from reporting to the authorities.

The Minister of State for Law and Home Affairs (Prof. S. Jayakumar) (for the Minister for Home Affairs): Mr Speaker, Sir, the Member for Jalan Kayu has asked for an assurance that the punishments under the law for rape and other sexual offences will be sufficiently severe to serve as a deterrent. I wish to give him that assurance.

The punishment for rape is provided by section 376 of the Penal Code and it is imprisonment for life or imprisonment for a term which may extend to 10 years, and the offender shall further be liable to a fine or caning. The offence of outraging of modesty is provided by section 354 of the Penal Code and it is an offence punishable with imprisonment of up to two years and with fine or caning. The Women's Charter also provides for offences against women and girls such as the offence of carnal connection with any girl under the age of 16 years, except by way of marriage, and the punishment is a term of imprisonment of up to five years and the offender shall also be liable to a fine. There are also other sexual offences such as incest, unnatural offences and outrages on decency. However, the main sexual offences of concern are rape and outraging of modesty.

As the offence of rape is a very serious one, it is only the High Court which has jurisdiction to try this offence. The severity of sentences imposed will vary from case to case and it is a matter for judicial discretion. This is not to say that our Courts have been lenient in sentencing rape offenders. Our records show that in all the cases where the accused persons were convicted, sentences meted out to them have been very severe, including sentences of life imprisonment. In appropriate cases, corporal punishment was ordered by the Courts, varying from six strokes to 24 strokes of the cane.

Turning to outraging of modesty, one must bear in mind that this category of offence covers a wide variety of situations. The punishments ranged from 18 months' imprisonment and caning to fines of a few hundred dollars.

We will keep the situation under review and, if the situation warrants, we will not hesitate to introduce amendments to the law to enhance punishment, including mandatory caning.

Turning now to the second part of the question concerning investigative procedures, let me say that adequate safeguards are built into the investigative procedures for sexual offences to ensure that the victim does not suffer undue embarrassment. Investigations are conducted in the privacy of a room and in the presence of a woman police officer at all times. The victim is accompanied by a woman police officer for medical examination where it is necessary. All confidential transactions with the victim are carried out discreetly and expeditiously and all reports and documents are treated as highly confidential.

Our laws give ample powers to both the High Court and the Subordinate Courts to order any part of the proceedings of a rape trial to be heard in camera and to prohibit anyone from publishing the name or identity of a victim. Furthermore, it is pro- vided for in the Women's Charter that in cases of rape or outraging of modesty where the victim is under 16 years of age, the proceedings shall be held in camera. The Women's Charter also imposes certain prohibitions on the press revealing the names, addresses, photographs or other information which could identify victims of certain offences under the Women's Charter.

In Singapore, the heavy sentences meted out to sex offenders and the publicity given to them have deterred would-be offenders. Mr Speaker, let me close by saying that the public has an important role to play in minimizing sexual offences by taking preventive measures. In 1981, 58 cases of rape or 62% of the victims were known to the offenders. 14% of the victims of outraging of modesty cases in 1981 were also known to the offenders. It seems clear from this that a large number of the offences, especially rape, would not have occurred if the victims had been more careful.