Section 424 of Singapore’s Criminal Procedure Code (CPC) was introduced with the intent of ensuring that serious crimes are reported to the police and perpetrators taken to task. It states in summary that every person aware of the commission of, or the intention of any other person to commit, any arrestable offence listed in Section 424 must, in the absence of reasonable excuse, immediately give that information to the police.

Today, Section 424 of the CPC is being reviewed by the government. As it stands, the list of arrestable offences covers sexual assault, including rape.

However, various parties’ obligation to file a police report is not clear. Nor is it clear what qualifies as a “reasonable excuse” not to file a report.

SUPPORTING SEXUAL ASSAULT SURVIVORS

AWARE’s Sexual Assault Care Centre (SACC) has been providing support services to survivors of sexual assault since its launch in May 2014. The centre was developed from AWARE’s Sexual Assault Befrienders Service, which had previously launched in 2011.

Sexual assault, including rape, is often traumatic, and it can take a long time for survivors to recover. We adopt a trauma-informed approach when supporting survivors: prioritising their physical and emotional safety and their agency, and empowering them to make informed decisions about their lives and recovery journeys.

Over the last five years, SACC has seen an increase in sexual assault cases. The total number of cases served by the centre exceeded 1,000 cases in 2020, and again in 2021.

In almost 80% of these cases, the perpetrator of sexual assault had been acquainted with the survivor in some way. The majority of survivors experienced some form of physical sexual violence: More than 60% experienced physical sexual harassment, rape and/or sexual assault by penetration.

AWARE’S APPROACH TO FILING A POLICE REPORT

When clients come to SACC for support, we provide them with all the information they need to come to an informed decision about filing a police report, including legal advice.

When clients are unsure of their prospective success of taking perpetrators to task due to lack of evidence, we highlight the deterrent effects of filing a police report. If they are afraid of filing a police report by themselves, SACC staff accompany them to the police station.

We generally do not file police reports on behalf of our clients. This is because survivors who come to SACC are doing so primarily to seek psychological and emotional support. They need not necessarily disclose full case details to us for this purpose, and we might not always be aware of all the facts of their case.

We also recognise that the agency of a survivor is central to the recovery process. Filing a police report without their consent would likely put tremendous psychological stress on survivors, and compound existing feelings of helplessness and loss of control.

The exceptions to the above are: when we cannot determine that the client or a related person is safe, or when the case involves minors under the age of 16 and there is no other relevant authority involved (e.g. the Early Childhood Development Agency, school, social worker or protective adult such as a parent).

In such circumstances, we would alert either the police or Child Protective Services, who might be better placed to help the child make a police report at some future point.

PERSISTENT UNDER-REPORTING OF SEXUAL ASSAULT CASES

In spite of our best efforts to support survivors and provide relevant information, we know that many who experience sexual assault ultimately do not file police reports.

In 2020, 7 in 10 clients seen by SACC did not file police reports. We understand that most of these clients chose not to report because they:

1. Were worried about how their families or friends would react (58% of N=190 cases surveyed);
2. Feared that they would not be believed or that they did not have enough evidence (60% of N=190 cases surveyed).

Many survivors understand that engaging the criminal justice system can be a drawn-out process. Also, having to recall and recount violent incidents during the investigation process may cause them to experience re-traumatisation, impeding their recovery.

As survivors are acquainted with their perpetrators in majority of the cases, many survivors also might not want to file police reports in order to prevent their perpetrator from being convicted of a crime, and to prevent the relationship from becoming irreparable.

INTERNATIONAL FINDINGS

International studies have shown that mandatory reporting deters survivors from seeking support. Many countries with similar mandatory reporting laws—such as the United States, Australia and Canada—have either abolished the law or extensively clarified the obligations under the law.

In a 2020 study* looking at the impact of mandatory reporting laws on survivors of intimate partner violence in the USA, more than a third of the sample (N=2,462) did not seek potential support for fear that their experiences of violence would be reported to an official or authority figure. Of those who received warnings that certain offences had to be reported, about 60% (N=341) said that the warning changed what they chose to disclose about their domestic violence and abuse, with some withholding information and/or misrepresenting their experiences.

*Lippy, C., Jumarali, S.N., Nnawulezi, N.A. et al. The Impact of Mandatory Reporting Laws on Survivors of Intimate Partner Violence: Intersectionality, Help-Seeking and the Need for Change. J Fam Vol 35, 255–267 (2020). https://doi.org/10.1007/s10896-019-00103-w

RECOMMENDATIONS FOR THE REVIEW OF SECTION 424

Our experience, in line with international findings, is that mandatory reporting deters survivors from seeking help, and that it runs counter to the goal of encouraging reports to the police.

If making a police report was the condition upon which support was offered to survivors, many would likely withhold or withdraw information from social service agencies (SSAs).

Section 424 of the CPC needs to be reviewed in a way that strikes a balance between law enforcement and minimising re-traumatisation. It must recognise the well-being of survivors, and recognise that safety, transparency, autonomy and collaborative process are integral to supporting their recovery.

In this regard, we propose the following recommendations.

First, SSAs should not have to report on behalf of adult survivors unless there is risk that the survivor is unsafe. This will ensure that adult survivors are not deterred from seeking help when they need it. SSAs should have the discretion to balance client trust and confidentiality with prospective danger, via the following definition of reasonable excuse: “Reasonable excuse” exists where a Social Service Agency reasonably determines that:

• It is necessary to maintain client trust and confidentiality in respect of the information that would otherwise trigger a S424 duty, so as to effectively provide that support and assistance; and
• The risk of prospective danger to the client or another person is not sufficiently clear or significant as to outweigh the need for trust and confidentiality. (The fact that an assailant has not been identified or apprehended should not by itself be taken to establish such a risk.)

Second, reporting can be mandatory when the case involves minors below the age of 18, in line with the definition of a “young person” set out in the Children and Young Persons Act. This is because minors below 18 are not of legal or statutory age to make the right decisions for themselves.

Third, companies should have a legal duty outside existing criminal law and in labour laws—such as the Employment Act or the forthcoming workplace discrimination legislation—to take disciplinary action for inappropriate behaviour and put in place proper training and processes to address them. When appropriate, serious cases can be reported to the police.

CONCLUDING REMARKS

We understand the importance of taking sexual violence perpetrators to task to prevent further assaults. However, more can be done to clarify mandatory obligations to report under the Section 424 of the CPC.

AWARE is happy to work with the government and to provide any further information needed for the review of Section 424 of the CPC.