SINGAPORE – A woman with intellectual disability allegedly endured sexual assault, but her ability to testify in court was doubted and no charges were filed.
A girl with undiagnosed autism spectrum disorder, who was violent and damaged property, was sent to a girl’s home, but she was bullied and tried to take her own life.
These real stories of two individuals with special needs were highlighted on March 26, during Singapore’s first-ever symposium on legal challenges faced by people with invisible disabilities.
The inaugural Access to Justice (A2J) Symposium was hosted by legal aid charity Pro Bono SG at the State Courts.
Lawyer Peggy Yee, who is the chairperson of the organising committee, told The Straits Times that invisible disabilities include mental health conditions, such as psychosis and schizophrenia, special needs such as autism, attention deficit hyperactivity disorder, and intellectual disability.
“No one wears a sign to say he has mental health issues or is autistic,” she said.
In his speech at the event, Minister for Culture, Community and Youth Edwin Tong said the Ministry of Law (MinLaw) is committed to a multi-agency task force, comprising ministries and social support agencies, to support people with invisible disabilities within the justice system.
Mr Tong, who is also Second Minister for Law, added that a symposium of this nature was long overdue.
Noting that Singapore’s legal system has been continually enhanced over the years, Mr Tong said: “There is not much point in being a first-class legal system if the members of society that it is meant to serve is unable to access it, unable to claim justice and unable to use the system.”
He added that invisible disabilities can affect people’sjudgement and control and contribute to their offences***.***
“We must be mindful of this – as the effects of such conditions are often unseen, but can have a very serious bearing on fairness and process in the justice system”, said Mr Tong.
On the symposium, Ms Yee said: “The aim is to highlight the challenges faced by persons with invisible disabilities as they navigate the legal system, whether as a victim or offender.”
About 400 people from the judiciary, law enforcement, legal, medical and social services attended the symposium.
They explored issues including the criminal justice system’s effectiveness for those with hidden disabilities, and the need to reconsider their rehabilitation, treatment and punishment approaches.
Ms Yee said in her speech: “How do (people with invisible disabilities) advocate for themselves when they struggle to process information? How do they exercise their rights when they are unable to articulate themselves?”
She asked what treatments are available for them, whether court diversion should be considered for some cases, and how psychiatric evidence in expert medical reports can assist a court in sentencing.
Said Ms Yee: “Are the present sentencing options sufficient? Is the prison the final repository where all offenders with untreatable mental conditions will end up?”
She added that those present at the symposium must advocate for access to justice, even if it makes for difficult conversation.
Encouraging participants to take action, she said: “This is not a task for one agency or one organisation. The challenges that exist are multifaceted and complex, but they are not insurmountable.”
Previous changes to justice system
Mr Tong’s speech highlighted previous changes in Singapore’s justice system to better address the needs of persons with invisible disabilities.
These include the Appropriate Adult (AA) Scheme for Persons with Mental Disabilities (AAPMD).
AAs are volunteers trained to assist those with intellectual disabilities, autism or mental health issues during interviews with the authorities, by facilitating effective communication and providing emotional support.
AAPMD had 90 volunteers in 2016 when Minds – then known as the Movement for the Intellectually Disabled of Singapore – was appointed to run it. It now has more than 360 volunteers as at December 2024.
In 2010, Mandatory Treatment Orders (MTOs) were introduced.
It is a community sentencing option for offenders with mental conditions that can contribute to them committing the offence.
Offenders under MTO will receive treatment to tackle the root cause of their behaviour, said Mr Tong.
Another initiative started in 2021 to support offenders, victims and witnesses with intellectual disability is Minds’ Community Forensic Services. ST reported in March that its cases doubled from 40 in 2022 to over 80 in 2023.
One of their clients was Andy (not his real name), who has a below-average IQ of 53. He has been jailed multiple times between 2016 and 2021, mostly for theft offences.
Mr Tong said that MinLaw has worked with partners such as Pro Bono SG to ensure legal resources are accessible in the community.
In 2024, more than 1,500 clients received legal support through two community law centres in Hougang and Woodlands.
At the symposium on March 26, panellists included chief public defender Wong Kok Weng, deputy chief prosecutors David Khoo and Wong Woon Kwong, deputy principal district judge Kessler Soh, lawyers and psychiatrists.
The participants were invited to use virtual reality to experience life as a person with an invisible disability, such as feeling overwhelming anxiety or visual hallucinations.
Christine Tan is a journalist at The Straits Times reporting on crime, justice and social issues in Singapore.
Claudia Tan is a journalist at The Straits Times covering the crime and court beat.
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