Forum: Clarity needed in legal duty to report crimes

Section 424 of the Criminal Procedure Code imposes a legal duty on any person who is aware that another has committed a wide range of offences to "immediately" report the matter to the police, "in the absence of reasonable excuse" not to do so. Failure to comply with the law is punishable with imprisonment of up to six months, and/or a fine.

The National University of Singapore admitted that it was in a dilemma in deciding whether to comply with this law and eventually decided to make a police report against its former lecturer for sexual misconduct, even though both complainants refused to do so themselves (Police report delayed out of concern for victims: NUS, Oct 24). However, it did so more than a month after the first complaint surfaced.

The Association of Women for Action and Research, noting that many organisations and individuals do not abide by this law, has also said that its sexual assault care centre will make a police report only in exceptional cases, such as when the victim is in imminent danger or is a minor.

The present law is obviously inconsistent with the aim of counsellors to help victims towards recovery and the counsellors' ethical duty to maintain confidentiality of information given to them.

The Government should clarify the scope of the legal duty. What will be a "reasonable excuse" to justify not making a police report?

How much weight should be given to the victim's choice, the counsellor's assessment of whether a police report will be in the interests of the victim, and possible danger to future victims?

Are the offences within the scope of this law too broad? If the allegations turn out to be false, will the counsellor or organisation be subject to civil or criminal liability?

It should also be noted that there is no time limit in terms of when the offences had taken place. For example, an 18-year-old victim may reveal to a counsellor that a sexual offence happened to her when she was 12. Is the counsellor still under an obligation to make the police report even though there is no danger of the offence recurring?

The Government should consider amending the legal provision. If it is determined that the legal duty is still required for certain serious offences, then there should be an exception expressly made for those in the helping professions so that they can properly tend to those in need.

Chan Wing Cheong

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