Witness stand not arena for humiliation in sex offence cases, Judge reminds lawyers

He calls on legal fraternity to be aware of the impact the trial process can have on victims

- Selina Lum

During the trial of a man accused of raping his mother, his lawyer suggested that the woman "could have easily avoided" the assault if she had just crossed her legs and "shut the gates". In another case, a lawyer stared inappropriately at the breasts of a molestation victim and asked her to stand up in an attempt to show that there would be "motive" to molest her if she was wearing a low-cut top.

These examples were cited in a recent speech by High Court Judge Vincent Hoong as cross-examination questions that have no place in the Singapore courts.

Justice Hoong, who is also presiding judge of the State Courts, said: "We would do well to remember that the courtroom is not a battleground, and the witness stand is not an arena for humiliation.

"There is no honour in extracting testimony through degradation, nor is there skill in exploiting the emotional vulnerability of a witness."

He was speaking to members of the Singapore Academy of Law at a private event held at the State Courts on July 2. The keynote address has been published on the Singapore Courts website.

Justice Hoong's speech on navigating the sensitivities of cross-examining complainants in sexual offence cases is the latest reminder from the judiciary to the legal fraternity to be aware of the impact that the trial process can have on victims.