Cross-examination in sexual offence trials must be done with more care: Chief Justice

The process of cross-examination in sexual offence trials should be handled with more care and sensitivity, Chief Justice Sundaresh Menon said in a recent judgment in an outrage of modesty case on Dec 3.

- Syarafana Shafeeq

There is a need to protect complainants from undue harassment while still safeguarding the accused's right to a fair trial – a balance that can be difficult to achieve, he said.

"Given the heightened sensitivities at play when a complainant of a sexual offence gives evidence in court, it is imperative that the process of cross-examination be approached with greater care," said the Chief Justice, who called for greater judicial involvement during this process.

The experience of cross-examination can often feel like re-traumatisation for victims, many of whom describe the process as the most distressing part of their entire interaction with the criminal justice system, he said.

Cross-examination can mirror the suspicion and disbelief that the complainant felt during the offence itself, potentially exacerbating the trauma.

"Complainants of sexual offences should be protected from undue and insensitive harassment in cross-examination as much as possible; and they should not be penalised for speaking out against their alleged attackers, much less be forced to relive their trauma," the Chief Justice added.

He was speaking at a judgment of a case where a software engineer was charged with one count of outrage of modesty. Following a trial, the man was convicted and sentenced to six months' imprisonment.

The incident occurred in September 2021, when the man and a 16-year-old girl boarded a bus. The 42-year-old sat next to the girl and initiated unwanted physical contact, which included pressing his elbow against her body and later stroking her thigh and knee.

After alighting from the bus, the girl called a close friend and told her what happened.

She later texted her teacher, who accompanied her the next day to a police station to make a police report.