Aware logoIn this special interview, the President of the Association of Women for Action & Research (AWARE), Ms Tan Joo Hymn, shares with us AWARE’s position on the recent Penal Code amendments.

Q: AWARE has declared its position on the amendments to the Penal Code. Echoes of similar sentiments have also been heard from the community. Overall was it a welcomed development?

AWARE welcomes the proposed amendments to s. 375 and s. 376 of the Penal Code. As these proposed amendments are happening years behind other countries, we suggest that the strategy is not to adopt a cautious and conservative small-steps-forwards approach, but to boldly implement what is necessary to bring Singapore in line with the international community, not to mention many of its citizens. No doubt, the proposed amendments would open the door for some wives to seek redress, namely, wives who have (1) obtained a decree of judicial separation; (2) obtained a personal protection order; or (3) obtained an injunction against her husband restraining him for having sex with her. However, it leaves vulnerable the far larger numbers of women who have experienced marital breakdown or violence but have not yet taken steps to obtain a protection order. The Consultation Paper contains a preamble “Given the changed status of women and the evolving nature of the marital relationship…” it would seem alarming that the status of women have only changed to the extent that she may refuse sex from her husband only in circumstances of marriage breakdown (judicial separation) or violence.

Q: This particular amendment to S375 has sparked much debate among the community and due to the nature of the matter, the most vehement views were expressed by organizations or individuals labelled as “feminists”. Is it necessarily a lone battle?

The people that we have spoken to, men and women, support the lifting of the marital exemption. Many people in Singapore today believe in gender equity, and therefore can be considered “feminists”. The more vocal and self-proclaimed “feminists” would of course campaign harder. Generally speaking, the ones most personally affected tend to be the most vocal, e.g. survivors and families and friends of survivors would campaign hardest for cancer support and awareness even though many in the general population may support such an initiative.

Q: Is the amendment to s.375 likely to be effective for the specific group the change is targeted at?

For any law to be effective, there needs to be public awareness and education.

Q: What are some of the initiatives that AWARE will take to help ensure that the amended marital rape law achieves its best possible result despite some of its limitations?

AWARE does not yet have anything planned at this stage.

AWARE also calls for the repeal of s.377A in line with the repeal of the relevant portions of s.377.