About 15% of serious sexual, violent offenders in past 3 years escaped caning as they were over 50

SINGAPORE - About 15 per cent, or 328, of the 2,234 male offenders arrested in the past three years for serious sexual and hurt offences escaped caning as they were over 50 years old.

Of the 2,234 men, 1,906 were 50 years old or younger when they committed the crimes. But among these 1,906, there were 21 who were older than 50 when they were arrested, which meant they escaped judicial caning. Of this group, 17 were involved in sexual offences.

These figures were provided by Minister for Home Affairs K. Shanmugam in a written parliamentary reply to Dr Tan Wu Meng (Jurong GRC), who asked for data about men arrested for such offences.

The minister on Monday answered three questions filed by MPs on the issue of judicial caning, which re-entered public debate after President Halimah Yacob brought up the issue in December.

The President had written on Facebook that

rapists over 50 should not be spared caning,

and that it was time to review the law, following a “disturbing and sickening” spate of rapes of children in their own homes by relatives.

Under the law, men who are over 50 years old cannot be caned.

Mr Shanmugam wrote on Monday that the 2,234 men were arrested between January 2020 and November 2022 for offences that included rape, sexual assault, sexual penetration of minors, voluntarily causing grievous hurt, and culpable homicide.

The minister said he did not have readily available data going back to 2012 as requested by Dr Tan. Nor was there readily available data on male offenders who were below 50 when they committed the offences, but had crossed 50 years of age when they were sentenced.

Leader of the Opposition Pritam Singh (Aljunied GRC) asked how many people above the age of 50 have been sentenced for serious sexual offences against young persons compared with those under 50 over the last five, 10 and 15 years.

He also asked if there is a trend of more people in their late 40s and above the age of 50 committing serious sexual offences against young persons, including family members and relatives.

Mr Shanmugam, who is also Minister for Law, said data for the periods of time that Mr Singh had asked for was not readily available. However, he said that from January 2020 to July 2022, the State Courts convicted 12 male offenders who were above 50 at the time of sentencing, compared with 86 offenders who were aged 50 or younger, for serious sexual offences punishable by caning.

At the High Court, from January 2020 to December 2022, there were 29 male offenders above 50 years old at the time of sentencing, and 100 aged 50 or below, who were convicted of serious sexual offences punishable by caning.

Mr Shanmugam said that there appears to be no increasing trend of more individuals in their late 40s and above the age of 50 committing serious sexual offences against young people.

There were 18 people above 45 years of age arrested for these offences in 2020, 15 in 2021, and 17 from January to November 2022.

Mr Zhulkarnain Abdul Rahim (Chua Chu Kang GRC) asked whether the recently established Sentencing Advisory Panel will be looking into recommendations for the sentencing framework for those aged 50 and above who are convicted of sexual or violent offences involving young children.

He also asked whether an expanded age limit for judicial caning with appropriate medical requirements will be considered.

Mr Shanmugam said the panel, chaired by Justice of the Court of Appeal Steven Chong, makes its own decisions on the areas to study and issues guidelines. The panel takes into account feedback from its members, stakeholder agencies, and the public.

The question of whether to make changes to the statutory age limit for caning was addressed during a debate on the Criminal Law (Miscellaneous Amendments) Bill in September 2021, in response to a similar suggestion to remove the age limit for the caning of serious sexual offenders, he added.

“The reasons given (for the status quo) were: first, the number of men above the age of 50 at the point of arrest for serious offences that attract the punishment of caning was significantly lower than that of men aged 50 and younger,” said Mr Shanmugam.

“Second, where an offender was not eligible for caning, the court had the discretion to impose in lieu, an additional imprisonment term of up to 12 months.”