The Fort Worth Press - Survivors warn of loopholes in Hong Kong sexual offence reforms

USD -
AED 3.672498
AFN 67.000449
ALL 82.14209
AMD 366.070568
ANG 1.790258
AOA 917.999859
ARS 1481.482804
AUD 1.427582
AWG 1.804
AZN 1.703759
BAM 1.713645
BBD 2.017235
BDT 123.568531
BGN 1.717508
BHD 0.377722
BIF 2978.065353
BMD 1
BND 1.292685
BOB 6.923833
BRL 5.106198
BSD 1.001564
BTN 96.551331
BWP 14.329085
BYN 2.895007
BYR 19600
BZD 2.014105
CAD 1.40782
CDF 2260.000281
CHF 0.810701
CLF 0.023738
CLP 934.280294
CNY 6.77325
CNH 6.769015
COP 3254.37
CRC 454.38814
CUC 1
CUP 26.5
CVE 96.612664
CZK 21.203601
DJF 178.355669
DKK 6.551799
DOP 58.607834
DZD 133.175304
EGP 51.098898
ERN 15
ETB 161.659489
EUR 0.876305
FJD 2.221303
FKP 0.74341
GBP 0.744525
GEL 2.62503
GGP 0.74341
GHS 11.583181
GIP 0.74341
GMD 73.500677
GNF 8788.108454
GTQ 7.642095
GYD 209.548677
HKD 7.84075
HNL 26.822569
HRK 6.602801
HTG 130.882965
HUF 317.174499
IDR 17938.6
ILS 3.054705
IMP 0.74341
INR 96.481698
IQD 1312.08874
IRR 1375250.000092
ISK 125.31986
JEP 0.74341
JMD 158.755471
JOD 0.709034
JPY 162.507497
KES 129.279666
KGS 87.450034
KHR 4046.174403
KMF 432.000097
KPW 900.000068
KRW 1475.200413
KWD 0.30971
KYD 0.834655
KZT 471.230428
LAK 22623.126057
LBP 89691.407243
LKR 336.832237
LRD 181.282912
LSL 16.508311
LTL 2.95274
LVL 0.60489
LYD 6.417159
MAD 9.358281
MDL 17.622732
MGA 4295.921809
MKD 53.951161
MMK 2100.202771
MNT 3585.401867
MOP 8.08895
MRU 39.982827
MUR 47.129841
MVR 15.460148
MWK 1736.768552
MXN 17.41362
MYR 4.090497
MZN 63.909776
NAD 16.508311
NGN 1381.25994
NIO 36.860989
NOK 9.66752
NPR 154.481453
NZD 1.706355
OMR 0.384503
PAB 1.001568
PEN 3.396448
PGK 4.479044
PHP 61.702501
PKR 278.312648
PLN 3.79685
PYG 6069.314782
QAR 3.65098
RON 4.593403
RSD 102.845016
RUB 78.499669
RWF 1473.826244
SAR 3.755497
SBD 8.071362
SCR 13.391578
SDG 600.495141
SEK 9.68447
SGD 1.29094
SHP 0.746601
SLE 24.375007
SLL 20969.507346
SOS 572.409896
SRD 37.441849
STD 20697.981008
STN 21.466466
SVC 8.763614
SYP 110.532098
SZL 16.509903
THB 33.63099
TJS 9.259623
TMT 3.51
TND 2.958968
TOP 2.40776
TRY 47.200898
TTD 6.799204
TWD 32.274502
TZS 2635.002977
UAH 44.783079
UGX 3710.64829
UYU 40.304562
UZS 11973.959748
VES 724.839802
VND 26312.5
VUV 118.50378
WST 2.742715
XAF 574.737912
XAG 0.017331
XAU 0.000247
XCD 2.70255
XCG 1.805119
XDR 0.71479
XOF 574.737912
XPF 104.493959
YER 238.59143
ZAR 16.498014
ZMK 9001.206089
ZMW 18.251347
ZWL 321.999592
  • CMSC

    0.0450

    22.075

    +0.2%

  • RYCEF

    0.1500

    18.05

    +0.83%

  • CMSD

    -0.0100

    22.25

    -0.04%

  • RBGPF

    0.0000

    67.35

    0%

  • BCC

    -1.2900

    75.9

    -1.7%

  • VOD

    -0.3400

    15.4

    -2.21%

  • RIO

    -1.0800

    89.07

    -1.21%

  • BCE

    -0.1400

    21.7

    -0.65%

  • GSK

    -1.7200

    50.04

    -3.44%

  • NGG

    -1.5500

    82.44

    -1.88%

  • RELX

    0.4000

    34.1

    +1.17%

  • JRI

    0.0400

    12.98

    +0.31%

  • BTI

    -0.3500

    62.49

    -0.56%

  • BP

    0.1000

    42

    +0.24%

  • AZN

    -4.3800

    164.52

    -2.66%

Survivors warn of loopholes in Hong Kong sexual offence reforms
Survivors warn of loopholes in Hong Kong sexual offence reforms / Photo: © AFP

Survivors warn of loopholes in Hong Kong sexual offence reforms

Hong Kong NGO worker Jessie recalled freezing in panic when she said she was sexually assaulted by an acquaintance one summer, unable to resist while he proceeded without her consent.

Text size:

Years later, she testified against him, but rather than feeling empowered, she felt "oppressed and helpless" as she watched the man walk free under decades-old laws Hong Kong is now seeking to overhaul.

"The defence lawyer asked: 'why didn't you fight back at the time, bite or hit him?'" she told AFP, adding that the court failed to consider she had been unable to resist the assault due to fear.

The judge ruled the defendant may have "honestly but mistakenly believed" that she consented. He was acquitted despite never testifying.

"I never realised our laws were so backwards," said Jessie, who is in her 30s.

In many countries, "mistaken belief" and "implied consent" -- whereby permission is not expressly granted through words or writing but implicitly through actions or circumstances -- are not legally valid defences in sexual offence trials.

Hong Kong's decades-old sexual offence laws, however, are not as stringent, opening the door to verdicts like Jessie's.

The Chinese finance hub has sought to overhaul those laws, opening sweeping reforms to public consultation this month.

The long-awaited reforms will introduce stricter penalties for sexual crimes, but Jessie and other survivors say the changes still do not bar the defence of "mistaken belief".

Reforms should "take into account victim-survivors' traumatic reactions", Florence Tsang, a trauma counsellor at the sexual violence crisis centre RainLily, told AFP.

"Those traumatic reactions are very often misunderstood or misinterpreted as consent, or as a failure to express refusal."

- Repeated trauma -

Activists also say the proposed reforms do not go far enough to protect children of long-term sexual abuse, who often find it tough to recall their experience in detail due to repeated trauma.

In Hong Kong, prosecutions only address assault as isolated incidents, which critics argue neglects the severity of long-term abuse.

Mui, speaking under a pseudonym, said she was assaulted by her stepfather more than 100 times over seven years.

She spent months piecing together the details of the abuse from her diary, iPod recordings and memory before bringing charges against him.

During her police interviews, "it was already very difficult to recount the events for the first time", she said.

"They asked me how many times it had happened, but I found it challenging to answer because there were quite a lot of times.

"I broke down in tears every time I recounted. It was intensely distressing."

Prosecutors only proceeded with five of the incidents, and her stepfather was found guilty this year on four counts of rape and "indecent assaults" and sentenced to 13 years in prison.

"The harm I have suffered and the feelings I have experienced cannot be defined by that figure alone," Mui said.

Bobo, who also spoke on condition of anonymity, endured similar abuse as a child,and said she found the current laws "unfair".

"The time he (her abuser) violated me was probably longer than the prison sentence he may receive," she said.

"I've put a lot of effort into trying to live a normal life despite the trauma," Bobo added.

"I've never been happy. Who can give me back my childhood?"

- 'Glaring loophole' -

RainLily's Tsang said that survivors often feel intense shame and self-blame.

"Counselling support is usually measured by years," she said.

Of the nearly 2,000 sexual violence victims -- all women -- whose cases were handled by RainLily between 2019 and 2023, around 40 percent reported their incident to police, in many cases years after the abuse, the NGO said.

Victims are often cross-examined during the lengthy legal proceedings, which frequently deepens their sense of guilt, Tsang noted.

Only around 27 percent of people arrested for sexual offences in Hong Kong were conviction between 2021 and 2025, official data shows.

In cases involving children, the conviction rate is a third of that, at around 9 percent.

Survivors hoped authorities would seize the precious policy window to introduce more comprehensive rules.

Taura Edgar, a victim-turned-advocate at TALK support group, said "the government must urgently close critical gaps" in laws, estimating 16 percent of children in Hong Kong suffer from sexual abuse.

She added "the lack of a discrete offence for 'persistent child sexual abuse' is a glaring loophole".

Jessie still feels "suddenly short of breath" at the thought of her abuser.

Unless clear limits are introduced against "mistaken belief" in consent, victims' efforts may be "rendered futile", she told AFP.

"It takes us so much effort to fight for some simple, basic things," she said.

"When victims choose to pursue (justice) in legal proceedings, could the trial they go through be less traumatic and involve fewer unreasonable questions?

"We're actually simply asking: can't victims' rights be brought a little more in line with those of those accused?"

G.Dominguez--TFWP