Shanmugam reveals facts that show no "free passes" for university students in sexual misconduct cases

He also spoke about the Nicholas Lim voyeur case.

Sulaiman Daud | May 06, 2019, 11:11 PM

Speaking in Parliament on May 6, Minister for Home Affairs and Law K Shanmugam said that the authorities took a "stern view" of sexual misconduct.

However, the "rigid" meting out of uniform penalties would not serve the public interest he said, in his answer to Non-Constituency MP Leon Perera and MP Lee Bee Wah.

Statistics on conditional warnings

Shanmugam broke down some numbers.

In his speech, Education Minister Ong Ye Kung said that from academic year 2015/2016 to 2017/2018, 56 cases of sexual misconduct were reported to the six autonomous universities.

Shanmugam said that out of the 56 cases, 37 were reported to the police.

Six cases either lack sufficient evidence or have ongoing investigations, leaving 31.

16 were prosecuted in court, with jail sentences given for 10, leaving 15.

Two were given stern warnings and 13 were given conditional warnings.

Out of the 15 given warnings, only one re-offended and was charged in court.

He was sent to jail for eight months and fined S$2,000. Shanmugam said:

"Some have been prosecuted. Depending on facts, others have been give a second chance. There are no 'free passes' for university students, or for anyone else."

Discretion allowed

However, he highlighted that the police and the AGC could exercise discretion and not every case merited a court charge.

They would consider the specific facts and circumstances of a case, and also other cases in the interest of consistency.

Shanmugam mentioned possible factors, such as:

  • Previous criminal record, if any.
  • Whether the offender shows remorse.
  • Whether the offender confesses what he did.
  • Whether the offender cooperates with the police investigation.
  • Whether any videos or images have been shared, online or otherwise.
  • Circumstances of the victim and the need for deterrence.

However, if there were aggravating factors such as:

  • Previous convictions.
  • Warnings for similar offences.
  • Premeditation such as setting up a hidden camera.
  • Whether the video had been circulated.
  • If the offender was not remorseful nor uncooperative.

Then it's unlikely that the police would show leniency.

Support for victims and rehabilitation in mind

The authorities want to send a "very strong signal" to deter would-be offenders to protect victims, who are predominantly women.

Shanmugam stressed that a top priority was support for the victims of sexual assault. He said:

"When a woman’s privacy has been violated, the follow-up actions must ensure that she is treated with dignity and respect, her concerns must be addressed, and she must be supported.

The criminal legal framework must deal with the offender in a way that ensures the specific victim’s safety, deal with the specific offender, and deter other would-be offenders."

However, he added that it was important for the authorities to assess future conduct and possible rehabilitation of the offenders, and that each case be assessed separately.

Nicholas Lim voyeur case

Although the MPs did not specifically mention Monica Baey or Nicholas Lim, Shanmugam did so.

He said that Lim's case was weighed by the police on whether or not to charge him in court.

But they assessed him to be remorseful, likely to reform, and mentioned that he confessed within minutes of committing the offence, as well as deleting the video.

However, Shanmugam said that Lim was on "thin ice," and that if he re-offends within 12 months, he will also be charged with the offence he committed on Baey.

"I should point out that Mr Lim is on thin ice, with his conditional warning.

A conditional warning is an effective deterrent for perpetrators who have good propensity to reform."

Related story:

Top image from Gov.sg's YouTube page and NUS's Facebook.