Singapore reviews penalties after outcry over sentencing of NUS student in strangling case

Singapore authorities on Tuesday pledged to review sentencing guidelines for cases involving violence against women, following a public outcry over the relatively light sentence meted out to an undergraduate who attempted to strangle his girlfriend last year.

In a rare rebuke of a court ruling by the establishment, female MPs from the long-ruling People's Action Party (PAP) issued a statement expressing dismay over a sentence they described as "disproportionate to the offence" committed by 23-year-old dentistry student Yin Zi Qin.

The latest disquiet follows similar criticism in recent times over the perception that university undergraduates " as opposed to others with lesser academic qualifications " are given lighter sentences in cases involving violence against women.

In a Facebook post, influential law and home minister K. Shanmugam said he had asked the home affairs ministry to conduct a review of sentences in such cases.

"In this case, the court has made its decision, and we should respect the judgment. I can understand people looking to the courts, when they feel unhappy with the sentencing," Shanmugam said. "But the courts are not the issue " they are independent, and apply the law, to the facts as presented to them."

The case involving National University of Singapore (NUS) student Yin has been the hot topic in the island republic since last Friday, when he was sentenced for causing voluntary hurt in the May 2019 incident.

The court found that Yin " who had broken into his former girlfriend's house " choked her, and pressed his thumb against her left eye. She struggled and blacked out, but her stepfather eventually pinned Yin down.

The victim was found to have suffered abrasions on her neck, a temporary impairment to her vision, and a prolonged eye infection.

Yin was sentenced to 12 days of detention and 80 hours of community service, and he must report daily to a rehabilitation and counselling facility for five months.

Local media reports cited District Court Judge Marvin Bay as saying he was satisfied Yin would not reoffend and that he was not suitable for probation given his "relative youth".

The punishment meted out to Yin constituted a "community-based sentence" that does not create a permanent criminal record.

In his statement, law minister Shanmugam acknowledged the public's unhappiness over the sentence, noting that Yin could have faced up to two years in prison for his offence.

He said while the maximum penalty for similar cases had been increased to three years starting from January, "in specific cases [such as this one], much shorter sentences have been given, depending on the factors present".

Shanmugam said the home affairs ministry's review would cover three areas: penalties for similar cases; the extent to which educational background was taken into consideration during sentencing; and the "relative punishment between offences" " such as between causing hurt and other infractions such as theft or spitting.

"We will work closely with some stakeholders when conducting this review. When the review is completed, I will make a statement in parliament," he said.

Political analysts said the fierce public outcry was likely due to the egregious nature of the offence. Two sets of online petitions were created soon after media reports of the case were published last week, and they have garnered more than 20,000 signatures so far.

Political analyst Woo Jun Jie said he believed netizens reacted strongly as they felt the penalty was disproportionate to the violence used on the victim, and were disturbed by the fact that the offence took place within the confines of the victim's home.

Benjamin Joshua Ong, an assistant professor of law at Singapore Management University, described Yin's actions as "shocking", adding that the case raised difficult questions.

While there was a need to signal strong disapproval of such actions as a deterrence to others, he said, there was also a public interest in rehabilitating offenders and giving them a chance to change " even if that meant less harsh consequences for the offender.

"In sentencing, which of these considerations should a court prioritise? There appears to be a sense among the public that, in the case of offences with an element of gender-based violence, the scales should tip in favour of retribution against the offender and deterring others, and that severe sentences are needed to achieve these aims," Ong said.

Some online commentators referenced other cases in which offenders convicted of violence against women were deemed to have received relatively light sentences.

Last September, NUS student Terence Siow was sentenced to 21 months of probation instead of a jail term for molesting a woman, with the judge citing his academic results and other factors that suggested he had a strong propensity to reform.

Earlier that year, in April, Monica Baey " the victim of a peeping Tom incident at her NUS hostel " took to social media to publicise her experience. This led to a countrywide debate about how school authorities should discipline sexual offenders and support victims. The perpetrator in the incident was also not given a jail term.

In both instances, Shanmugam, a powerful lieutenant to Prime Minister Lee Hsien Loong, spoke in support of those who expressed discontent with the court's decisions.

Speaking in parliament after the case involving Baey, the minister stressed that university students found guilty of sexual misconduct were not granted "free passes" by authorities.

"Some have been prosecuted. Depending on facts, others have been given a second chance. There are no 'free passes' for university students, or for anyone else," Shanmugam said at the time.

In the statement, the wing said it knew there were processes that allowed legitimate concerns to be considered, and that it would "continue to champion women's issues and their protection and advancement in Singapore, in parliament and elsewhere as appropriate".

Woo, the political observer, said the Women's Wing was likely making its voice heard amid "greater public demand for civil society action".

Bilveer Singh, an associate professor of political science at NUS, said he expected the ruling party's female MPs to be vocal on violence against women in the aftermath of the July 10 election. The number of women in parliament " where the PAP holds 83 of 93 seats " currently stands at 29 per cent, up from 24 per cent previously.

Singh said female politicians in Singapore were "playing catch up".

"They have always been the minority even though almost half of the voters are women, and they have been under-represented in Singapore," he said. "I think Singapore women will give two cheers to the [PAP] Women's Wing."

This article originally appeared on the South China Morning Post (SCMP).

Copyright (c) 2020. South China Morning Post Publishers Ltd. All rights reserved.