Saturday, November 26, 2011

Law allowing their sexual histories to be used against them in court could go SINGAPORE - The sexual history of victims of sexual assault soon may no longer be used against them in court. The Ministry of Law plans to remove a part of the law that provides for this. The move came after the Association of Women for Action and Research (AWARE) last month, during a public consultation exercise, made a submission to repeal Section 157(d) of the Evidence Act. Law Minister K Shanmugam announced his intention to recommend the repeal yesterday, at the launch of AWARE's Sexual Assault Befrienders' Service (SABS). He said: "Ultimately ... Cabinet has got to sign off on it, and Parliament has got to approve it, but it is certainly my view that it should not exist." Section 157(d) of the Evidence Act states that when a man is prosecuted for rape, it may be shown that the victim was of "generally immoral character". AWARE took issue with it, on the grounds that it was based on an outdated concept that only "chaste" women should be afforded legal protection. Mr Shanmugam said the Evidence Act, which is based on the Indian Evidence Act of 1872, was using the English common law of that time and that such views should not find any expression in Singapore's laws. He added: "That a woman's sexual history would show whether she is of moral or immoral character and, if she is sexually promiscuous, then she is immoral and therefore she should be less likely to believed, I think that's frankly repugnant." AWARE said if the subsection is repealed, victims of sexual assault will be better protected. Noting that there is a very low rate of police reports made, the group said one reason could be because victims are fearful their sexual history may be used against them. Amendments to the Evidence Act will be brought up in Parliament in the first half of next year. Meanwhile, SABS, the first support service for survivors of sexual assault in Singapore, will be available from next Monday. (Amended 3.14 pm, Nov 26) It comprises a dedicated help-line, counselling, legal counselling and befriending services. The SABS help-line number is 6779 0282, and it operates from 10am to 9.30pm on weekdays.

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