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THE engineer, 36, was cutting his way across the dance floor of
a Clarke Quay club earlier this year when a 23-year-old woman
accused him of touching her buttocks.
The bouncers stepped in. The police showed up. And though he
claimed he did not touch the woman, he ended up paying $8,000 to
settle the case.
'I didn't want trouble and I didn't know what my company and
wife would think if they found out,' he said in an e-mail reply to
The Straits Times. 'That was my only way out.'
Read the full story in Thursday's edition of The Straits
Times.
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PROVISIONS in the law allow for minor offences such as simple
molestation cases, wrongful restraint or causing hurt to be settled
out of court.
This happens only if the victim agrees to drop the matter in
place of some form of compensation.
Any offer to compound the offence must also require the sanction
of the judge.
A spokesman for the Subordinate Courts said that a person
accused of such offences may apply to the court for the offence to
be compounded, if the complainant is agreeable.
She added: 'The consent of the court must be obtained before the
matter can be compounded.'
Lawyers said that the negotiation for compensation happens
largely without the involvement of the court. Offers of
compensation are made to the victims through the case's
investigation officer.
'We avoid dealing with the victims directly in case there are
other allegations,' said lawyer Amolat Singh.
Lawyers told The Straits Times that other Commonwealth countries
such as Malaysia and Sri Lanka, have similar laws to compound less
serious offences.
Proposed changes to the Criminal Procedure Code last year had
included suggestions to leave the decision to compound certain
offences to the public prosecutor - even before an accused is
charged in court.
But not all cases can be settled out of court, especially if it
involves public interest. One example is cases of maid abuse.
In 2005, the court also threw out a bid by a company chairman,
accused of assaulting another motorist, to have the case compounded
for $7,500. The prosecution objected, as road rage cases were on
the rise.
The chairman was eventually fined the maximum $1,000, although
he could have been jailed up to a year.
Those convicted of outrage of modesty can be jailed up to two
years or fined or caned, or subjected to any two such
punishments.
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