Transgender Woman Raped In IMH, NHG Invokes 377A Against Her
farhan March 16, 2021 Alternatives, Complaints, Singapore News Today
In 2014, Vickreman Harvey Chettiar, a pre-op transgender woman was admitted to Institute of Mental Health (IMH) for her detention on basis that she has “autism spectrum disorder”. She was then placed in a male forensic ward where she was raped and molested during her detention in the psychiatric ward.
In 2016, Harvey was acquitted from her original charge, and she decides to lodge a police report about the sexual assault. However, the police report closed without investigation, and Harvey was left with one option to seek justice – to file a civil suit against the National Healthcare Group (NHG) which owns IMH for negligence and vicarious activity.
In 2021, NHG’s lawyers argued that Harvey is unfit to represent herself because of “an abnormality of mind,” citing in particular her gender identity “disorder.” This means that Harvey was classified as a crazy person and hence her right to legal capacity was denied. Subsequently, NHG’s lawyers also invoked S377A, which means that although she was raped, she was “engaging” in a criminal act. Harvey’s civil suit was dismissed, and it will not be reinstated while S377A exists.
Harvey’s story was shared onto Facebook and a netter mentioned that they have written in to the government to express their disappointment. Why was S377A was invoked in this case when the government has repeatedly assured that S377A has never been enforced? The thing is, “has never been” is different from “will never be,” and our government needs to realize that, and to come forward to clarify this matter.
farhan March 16, 2021 Alternatives, Complaints, Singapore News Today
In 2014, Vickreman Harvey Chettiar, a pre-op transgender woman was admitted to Institute of Mental Health (IMH) for her detention on basis that she has “autism spectrum disorder”. She was then placed in a male forensic ward where she was raped and molested during her detention in the psychiatric ward.
In 2016, Harvey was acquitted from her original charge, and she decides to lodge a police report about the sexual assault. However, the police report closed without investigation, and Harvey was left with one option to seek justice – to file a civil suit against the National Healthcare Group (NHG) which owns IMH for negligence and vicarious activity.
In 2021, NHG’s lawyers argued that Harvey is unfit to represent herself because of “an abnormality of mind,” citing in particular her gender identity “disorder.” This means that Harvey was classified as a crazy person and hence her right to legal capacity was denied. Subsequently, NHG’s lawyers also invoked S377A, which means that although she was raped, she was “engaging” in a criminal act. Harvey’s civil suit was dismissed, and it will not be reinstated while S377A exists.
Harvey’s story was shared onto Facebook and a netter mentioned that they have written in to the government to express their disappointment. Why was S377A was invoked in this case when the government has repeatedly assured that S377A has never been enforced? The thing is, “has never been” is different from “will never be,” and our government needs to realize that, and to come forward to clarify this matter.
