Singapore Justice System

What are some of the laws relating to 'Financial Abuse'?

"Penal Code"

Protects individuals from extreme cases of financial exploitations such as theft and forgery which are criminal offenses.

"Women's Charter, Section 64"

The term “hurt” is defined as bodily pain, disease, or infirmity. Reading from the surface of the words, “hurt” are more targeted at physical abuse while other aspects such as emotional, sexual, and financial abuse remain ambiguous. Among all of these, financial abuse has received limited attention and is often not assessed.
Effective in protecting family members from domestic abuse but limited in protection against financial abuse.

(Women's Charter Part VII, 2021)

Gaps

“Financial abuse should be recognized as a type of abuse.”

The legal gap identified is the lack of inclusion for ‘financial abuse’ in Section 64 under the Women’s Charter. As such, women or elderly who are suffering from financial abuse are not being protected. Inclusion of term would be able to prevent potential cases of financial abuse in a domestic setting.

Recommendations

To address the legal gap mentioned earlier. One recommendation is to expand the definition of ‘hurt’ under Section 64 of the Women’s Charter to include financial abuse.

In comparison with the Queensland, its legislation acknowledged economic abuse under domestic abuse, where under Division 2- Domestic Violence:

Economic abuse is defined as behaviour by a person (the first person) that is coercive, deceptive, or unreasonably controls another person (the second person), without the second person’s consent—

(a) in a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or
(b) by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or a child, if the second person or the child is entirely or predominantly dependent on the first person for financial support to meet those living expenses (Domestic and Family Violence Act 2012, 2017).

Thinking Back...

“What could have been prevented?

Who could have been protected?”

IF there was the inclusion of financial abuse under the Women's Charter, linking back to the two case studies in the previous page:

First Case- Ms Lam

In the first case, in accordance with Queensland’s law, Ms Lam is experiencing economic abuse where her circumstance satisfies Part (a) as she is denied of her financial autonomy of her flat proceedings.

Second Case- Jane

In the second case, in accordance with Queensland’s law, Jane is experiencing economic abuse where her situation satisfy Part (b) since reasonable living expenses of Jane are not met.

With the laws in place where financial abuse is legally recognized as an offence, there will be lesser occurrence of financial abuse and higher confidence of victims to speak out.