This letter was originally published in The Straits Times on 16 June 2022. 

The recent case in which a member of a Catholic order sexually abused two boys raises questions about what institutions and organisations should do when they receive a sexual assault complaint, whether from an employee, student or constituent.

We have seen many organisations struggle with the same question as the church, namely: Must organisations report a case of sexual violence to the police under Section 424 of the Criminal Procedure Code, even if the complainant does not want them to do so?

It was reported that the police issued a written advisory to a 64-year-old man to remind him of his reporting obligations under Section 424, unless there is a “reasonable” excuse (Police issue advisory to man for not reporting sex crime, May 7). The church then clarified that it had not made a police report because the survivors did not want to do so.

It is very rare for the police to issue such advisories. Practically speaking, most organisations who work with survivors of sexual violence (including Aware’s Sexual Assault Care Centre) do not report every single case to the police.

When, then, is an organisation required to make a report? Is it only in the case of minors? Does the severity of the crime and the number of alleged offences make a difference? What is the obligation when an adult survivor does not wish the organisation to make a police report?

While law enforcement has a duty to prevent and punish crime, this duty should not be the only consideration here.

Reporting sexual offences without survivors’ consent robs them of their agency in determining how their complaint is handled. It can thus exacerbate their feelings of powerlessness and helplessness.

Further, the prospect of an unwanted report can have the unintended effect of deterring survivors from seeking help in the first place, for fear that they may become involved in a police investigation against their wishes. It is already difficult for victims to seek help after sexual assault; concern about mandatory reporting places another barrier in their way.

In reviewing Section 424 of the Criminal Procedure Code, we urge the Government to adopt a nuanced approach that strikes a balance between law enforcement and minimising secondary traumatisation.

Safety, transparency, autonomy and collaborative processes in the aftermath of sexual assault go a long way towards supporting survivors’ recovery.

We therefore suggest that in cases where the survivor is unwilling to report to the police, mandatory reporting be narrowed to specific situations, such as cases involving minors where there has been an abuse of power, or where there is imminent danger and/or repeated offences.

Further, in such cases, where appropriate, survivors should be given a longer grace period before the authorities are informed. Meanwhile, a social worker could be brought in to support them until they feel ready to make the report.