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Wednesday, April 18, 2012

Charged for an offence that they were probably not aware of

I am concerned about the decision taken by the public prosecutor to charge the 44 men for having commercial sex with the the under-aged girl.

I am not defending the actions of these men. Rather, I am questioning the decision to charge them, based on the evidence that was available. According to what I read in the papers, these men were enticed by an online website that showed the girl to be 18 years old. If she was below 18 years, she must have deliberately lied about her age. Surely, she is the bigger culprit?

Let me give you this analogy. I bought a piece of cake and gave it to my friend. My friend died from food poisoning after eating the cake. I was not aware about the ingredients in the cake. Should I be charged for homicide, being the person who delivered the cake? Was I responsible to check that the cake was fit for consumption, when I had no reason to suspect otherwise?

For a person to be charged for a crime, there must be evidence that he knew of the crime or had to duty to find out. Did the police had grounds to know that the 44 men knew that the prostitute was below the legal age? If they had the duty to find out, how could it be done? Quite likely, the prostitute would not want to show her real name by producing the identity card.

Did the police ask each of the 44 men for their side of the story? Was there any reason to reject their excuse that they did not know her real age? Should these people be let off with a warning? Could they pay a penalty without being charged in court and without admission of guilt?

In Singapore, a person is condemned by public opinion when they are charged in court, regardless of whether they are eventually convicted. We are destroying the reputation and careers of 44 people by taking this drastic action. Is this the type of outcome that is desirable for the future of Singapore?

I wish to repeat that I am not condoning the action of these 44 men and that action should be taken to protect our under-aged girls. But this is probably a bad case to act on. And it may be unjust to the people who are involved.

I hope that the police and public prosecutor will review this matter and find a better solution - before more people and their families are harmed unnecessarily and excessively.

Tan Kin Lian

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