SINGAPORE – President Halimah Yacob has called for a review of the law on caning for rapists over the age of 50.

In a Facebook post on Monday, she highlighted the recent spate of rapes involving children in their own homes by relatives, calling it “disturbing and sickening”.

Under the law, men who are more than 50 years of age at the time of infliction of the caning are exempt from the punishment.

Madam Halimah wrote in her post: “Rapists should not be spared the cane just because they are 50 years old.

“It’s ironic that they could escape from the pain caused by caning despite the lifetime of severe trauma and irreparable damage that they cruelly inflicted on their victims which will last a lifetime.”

She noted that there were some cases in which the rapes were committed earlier but reported only after the rapist was over 50 years of age.

“It’s timely that we review this law,” wrote Madam Halimah, who added that there was a need to better protect children from sexual predators.

Severe punishments for offenders are important but insufficient on their own, and there must be more ways to prevent children from falling prey to rapists, she said.

She expressed concern that there could be more of such cases that have gone unreported, adding: “I can’t even begin to imagine how much pain and damage these young victims had to suffer.”

Madam Halimah noted that there was a pattern among the reported cases – the victims were groomed from a very young age by the predators, who were their fathers, stepfathers or other male relatives, so they would think the acts committed against them were normal.

Several victims discovered that such acts were wrong only when they attended sex education classes much later in school.

“The sex predators preyed on their innocence to persuade the victims that the perversion was all right,” Madam Halimah said.

“Some victims were reluctant to complain about the rapes for fear of breaking up the family or losing the main breadwinner. Others were threatened and intimidated into silence.

“Imagine the terror and vulnerability of a child stuck in a home that’s supposed to be a sanctuary but became a living hell instead.”

She expressed the hope that organisations like social services agency Pave, which deals with domestic violence, can work with the relevant government agencies to better protect children from sexual abuse at home. “It’s our duty to protect our young and we must not fail them,” she said.

Lawyers said the age limit of 50 years for judicial caning was set during colonial rule.

When Singapore’s Penal Code was first enacted in 1871, it was a local re-enactment of the Indian Penal Code in which judicial caning was passed in 1864, said the Singapore Management University’s associate professor of law Eugene Tan.

The 50-year age limit probably reflected the shorter life expectancy during that period – that “men above 50 years of age could not withstand the punishment and that it could perhaps even be life-threatening”, he added.

Prof Tan said there is always value in reviewing Singapore’s penal laws, but added that any review has to be holistic and not confined to age suitability.

As an example, he questioned if raising the age limit would have the desired deterrent effect. To reflect societal abhorrence of certain crimes, the approach may be to consider whether longer jail time and more strokes of the cane can be imposed, instead of just raising the age limit, he said.

Mr Sunil Sudheesan, head of the criminal department at Quahe Woo & Palmer, said that while caning all perpetrators of heinous crimes might be appealing to some, the accused’s ability to withstand the punishment must be considered.

“We would need to be sure of the health ramifications, which means doctors would have to come in to evaluate.

“This could then open up further challenges. Most would agree that we would not want an aged man to suffer a heart attack during the caning,” said Mr Sunil.

He believes the most effective way to deter would-be rapists is not necessarily hefty punishments like caning, but the certainty of getting caught.

Veteran criminal lawyer Amolat Singh, however, believes caning has proven to be a strong and effective deterrent.

Like Prof Tan, he noted that a 50-year-old man today is physically more healthy compared with centuries ago, given better nutrition. As the age limit seems to be arbitrary, it could be extended subject to medical certification, he said.

If it is increased, “the thought of being caned ought to send a shiver down the spine”, he added.