Parliament Review of sentencing framework

Singapore set to raise maximum penalties for three sexual offences

Proposed changes follow review of penalties for hurt, sexual crimes amid tougher stance

Law and Home Affairs Minister K. Shanmugam said an offender will not get a lighter sentence because of better educational qualifications or prospects.
Law and Home Affairs Minister K. Shanmugam said an offender will not get a lighter sentence because of better educational qualifications or prospects. PHOTO: GOV.SG

The maximum penalties for three sexual offences are set to be increased, as the Government seeks to send a strong signal that it takes a tough stance against such crimes.

The proposed changes come after a review of penalties for hurt and sexual offences, Law and Home Affairs Minister K. Shanmugam said in Parliament yesterday.

The review was carried out following public uproar over several cases in recent years, which raised questions over whether the sentences imposed were adequate.

An issue that came up was whether the offenders were let off lightly because they were university students.

The minister cited three cases of university students: A 22-year-old who molested a woman on an MRT train; a 22-year-old who choked his former girlfriend and pressed his thumb against her left eye; and a 23-year-old who used a mobile phone to record a video of a woman easing herself in the toilet.

Mr Shanmugam said the proposal is to raise the maximum jail term for outrage of modesty from two to three years, so that harsher punishments can be imposed for egregious cases.

The maximum sentence for two offences involving sexual communication with minors is also set to be raised, from one year's jail to two years' jail.

The first offence is for sexual activity in the presence of a minor or showing a sexual image to a minor between the ages of 14 and 16, and the second is for similar offences relating to minors between the ages of 16 and 18.

These changes to the Penal Code are the latest in a line of amendments over the years to strengthen protection for victims of sexual and hurt offences.

Another outcome of the review is that, as a matter of policy, a deterrent stance will be taken against adult offenders - those above the age of 21 - who commit certain hurt and sexual offences.

This means that the Attorney-General's Chambers (AGC) will generally object to rehabilitative sentences such as probation and community-based sentences for such offenders.

Exceptions can be made in certain situations, such as in the case of a first-time offender who has an intellectual disability.

A guide has also been published on the websites of the Ministry of Home Affairs, the Ministry of Law and the AGC to educate the public about the sentencing process.

It addresses questions such as the factors taken into account in sentencing.

Mr Shanmugam made it clear that an offender will not receive a lighter sentence just because he has higher educational qualifications or better prospects.

"If you touch a woman inappropriately without her consent, if you upload intimate images of an ex-girlfriend or any other woman, if you video-record a woman showering, you must face serious consequences in law.

"And you shouldn't be able to come to court and say you have a bright future, you will go far and so on," said the minister.

"You can go far, but first, serve the sentence."

He said he would ask the Education Ministry to send these points to all students.

Beyond penalties, what is ultimately needed is a mindset shift at the societal level, said Mr Shanmugam.

This was echoed by Minister for Social and Family Development Masagos Zulkifli, who said in a Facebook post that the need for greater respect for women was raised in ongoing conversations on the position of women in Singapore.

Separately, Mr Shanmugam announced that a new advisory panel will be set up to achieve greater consistency in sentencing.

The key function of the panel will be to issue publicly available sentencing guidelines that will be "persuasive" but not binding on the courts.

More details will be announced later.

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A version of this article appeared in the print edition of The Straits Times on March 06, 2021, with the headline Singapore set to raise maximum penalties for three sexual offences. Subscribe