Gaps of the Law

1. Definition of Violence

Section 64 of the Women’s Charter:

Hurt from family violence is characterized by bodily pain, disease or infirmity, excluding emotional, financial and sexual abuse as forms of hurt.

These scenarios depict the prevalence of psychological, verbal and financial abuse in family violence, often affecting the victims more than physical abuse.
As such, the Women’s Charter is inadequate when considering “invisible violence” as evidence of hurt compared to physical injuries.

A victim by the fictional name “Nina” reported that her husband would mock, criticize, and guilt-trip her by mentioning their daughter in conflicts, leading Nina to feel guilty for going to work and have low self-esteem.

(Lim, 2019)

Another victim named Jane reported that her ex-husband’s verbal abuse was far more hurtful than the physical acts of aggression.

Recommendations

1. Include all facets of abuse and expand the definition of hurt in section 64 of the Women’s Charter.

Compared to physical injuries that are visual evidence, emotional abuse is invisible and requires assessments to confirm its presence in victims.
Singapore can adopt Queensland in Australia’s legislation. Section 12 of the Domestic and Family Violence Protection Act 2012 included economic abuse, which is to deny the victim of financial autonomy and support.
This law is one of the new additions in redefining domestic violence, allowing greater protection to victims susceptible to various forms of abuse.

2. Restrictions on perpetrators’ social media usage,

Social media can perpetuate psychological abuse through threatening or demeaning posts made by the abuser (Australian Government, n.d.), and worsening psychological burden on victims.
This ensures invisible abuse is taken into account and reducing negative impacts on the well-being of victims.

2. Assumption of Violence

Section 64 of Women's Charter:

Any force taken to correct a child below 21 years-old is not considered family violence.

Adults are assumed to use force to discipline when the child has wrongdoing.
However, punishment can impose fear and trauma due to physical pain and shame, implicating the long-term effects of physical punishment on the child’s development.
Physical punishment can lead to socially inept behaviours, poor parent-child relationships and withdrawal in children (Smith, 2006).
In interviews by Channel News Asia, one parent reflected that her children felt unloved when she caned them and added that her siblings remembered their mother’s hurtful words more than the caning itself (Goh, 2020). This suggests that corporal punishment inflicts emotional hurt on children which should also be recognized as a form of abuse.
As such, there should be a distinctive line between reprimands and physical punishment reflected in the law.

Recommendation

Removing the exemption of physical force against a child under 21 from family violence

This eliminates violence in household settings and promotes healthy psychological development in children.
Instead, the government can push for parenting training that encourages reinforcement instead of punishment when disciplining children.
This cultivates a positive environment for the child to develop holistically, influences future generations to educate their children, and changes traditional education methods within the household.

3. Age requirement for application of PPOs

Family violence cases usually involve PPOs as protective measures for victims.

Children under 21 cannot apply for a PPO by themselves and require a trusted adult to do so on their behalf.
Child victims often do not know who to seek help from, and the issue may not be reported when they confide in older family members due to stigma and shame (Awang, 2019).
At times, social workers are also unwilling to help child victims apply for PPOs. This was seen in a case documented by the Association of Women for Action and Research (2015), where all shelters explored were unavailable for the physically abused victim. A social worker later advised her to return home despite the risks of assault.
The unwillingness of some social workers leaves minors and other vulnerable persons unprotected in domestic violence.

Recommendation:

Lowering age requirement for PPO applications to 16 years old

In Singapore, this age group is a transition from secondary schools to tertiary education.
The change in the study environment can cause stress, and they may not be ready to manage transitions in life and family violence concurrently.
Lowering the age to apply for a PPO can improve self-help behaviours and provide prompt protection against the perpetrator of family violence.

4. Third-party PPO applications for victims above 21

Victims over 21 years-old may be reluctant to file for PPOs as they may still possess fear and trauma by the abuse, and may be financially incapable of going through the legal process.
Particularly in older women, many are unwilling to file for a PPO as they do not want to break the family up and fear abuse by their son or husband if they report them to the police (Chia, 2017).
If victims lack the support from family members and social workers, there will be no one to guide them in the legal process.
Hence, victims may choose not to pursue the protection of themselves and close the case, prolonging the feelings of hurt and further impairing their mental well-being.

Recommendation:

Allowing other trusted persons to file PPOs on behalf of vulnerable adult victims

Examples of other persons:
- Police
- Social Workers
Especially since the victims may be unable to fend for themselves.

In conclusion

The Women’s Charter adopts a problem-solving approach by addressing the root causes of family violence in mandatory programs for offenders and victims, aiding the reconciliation and improving relationships among family members.
The society should have a raised awareness of family violence and its impacts, while the law should be amended in the definition of hurt and flexibility in PPOs.
Consequently, more victims can be better protected from family violence, therefore providing them with a sense of security and support.