Independent Inquiry into Recent Clashes and Procedural Reform on Evidence Collection Urgently Required as Sexual Crime Victims' Confidence in Reporting Plummets
An Executive Summary of 'Anti-ELAB' Sexual Violence Experience Online Survey
In recent time, Hong Kong has witnessed continuous clashes since the outburst of 'Anti-ELAB' movement in early June. The Association Concerning Sexual Violence Against Women (the Association) is well-aware of the sexual violence cases underlying the violent scenes. In response to these sexual violence cases, the Association has thereby initiated an online survey on 21st August, entitled as "'Anti-ELAB' sexual Violence Experience Online Survey'". In order to learn more about the situation, the self-administered questionnaire has been circulated across various online platforms, which welcomes and allows any individuals to participate anonymously. Notwithstanding, limited by the survey method and other related factors, it is well-aware that this research has certain limitations and hence any interpretation of the data shall be considered carefully. Ended on 30th September, below is a summary of the survey's findings:
In the survey, a total of 67 respondents reported having experienced sexual violence in relation to the 'Anti-ELAB' movement. The survey reflects on the respondents' gender, age group, education level, frequency of victimisation experience, type of sexual violence experienced, identity at the time of the incident, perpetrator identity, place of incident, ways of coping, and reasons of not reporting to the police. (See Figures Below).
Of the responses to the incident, most respondents reported that they were 'Did Not Know How to Respond', as mentioned by 24 respondents. It is followed by responses like 'Shout or Scream' (with 22 respondents) and 'Stare at the Perpetrator' (with 20 respondents) etc. Besides, 11 respondents reported pretending as if nothing happened, but only 2 respondents said they had called the police for assistance (See Figure 9).
For the reasons of not contacting the police, most respondents questioned the usefulness of reporting, as mentioned by 52 respondents. It is then followed by reasons like 'Worried of Getting Arrested for Other Offences' (with 38 respondents), 'Lacking Confidence in Police's Ability to Enforce the Law' (with 38 respondents) and 'Lacking Perpetrator's Information' (with 35 respondents). Furthermore, there are 27 respondents also referred to their worries or fears, as the case was involved with a perpetrator who is police officer or other legal enforcement agent indeed (See Figure 10).
To conclude, the problem of sexual violence is common yet very serious during the 'Anti-ELAB' movement. A wide range of sexual violent acts are encompassed in respondents' narratives, from verbal abuse to threat and intimidation, from sexual assault to unlawful intercourse. Even worse is the very low reporting rate, through which nearly all but two respondents declined to contact the police or other legal enforcement agencies for assistance. The result does not only points to the failure of the law enforcement agencies in serving its expected social purposes (e.g. erosion of public confidence and incapable to handle victim-survivors' needs), but meanwhile, it also implies that the lack of a mandated independent mechanism, for which to receive and investigate complaints, would foster an atmosphere of fear and violence, dangerously undermining social stability and harmony.
Regardless of one's political leanings, all victim-survivors of sexual violence should be entitled to the rights in receiving proper protection and appropriate support. Ms Linda Wong, Executive Director of Association Concerning Sexual Violence Against Women, reiterated that all forms of sexual violence are unacceptable and shall be condemned. 'According to our experience in the past 20 years, only 10% of rape cases have proceeded to the prosecution process. It could be explained by the long-winding legal procedures, and prolonged pressure exerted on the victims. Furthermore, the lack of legal support for victims has deterred them from proceeding their cases. Some of the reported-but-terminated cases are due to lack of evidence. We can see that even the victims are willing to report to the Police, they were still facing a lot of difficulties during the procedures', she emphasised. 'Considering the absence of mutual trust among different political camps at the moment, we believe that the government should establish an independent commission of inquiry into the sexual violence incidents in relation to the "Anti-ELAB" movement. Furthermore, in response to the very low reporting rate, the government shall review its current measures on the collection and preservation of forensic evidence¹. Improvement in the forensic procedures allows victim to receive proper forensic examination prior to the process of reporting to a law enforcement agency², would not only better serve victims' interest but also help in ensuring justice to be done and seen in the society,'said Linda Wong.
¹ According to the current forensic procedure, victim-survivors must report to the Police then to receive forensic examination to collect evidence. Victims of rape must make a decision within 72 hours after the incident to preserve the evidence.
² Taking reference from other jurisdictions' practices, victim-survivors can visit a crisis centre, hospital, clinic, etc. to receive a forensic examination by doctors or nurse examiners to collect evidence in time. The measure allows victim-survivors to decide on reporting the case and their ways to seek justice beyond the 72 hour timeframe.
Figure 1：Gender
| Frequency | |
|---|---|
| Female | 58 |
| Male | 9 |
| Total | 67 |
Figure 2: Age Group
| Frequency | |
|---|---|
| 10-19 years | 10 |
| 20-29 years | 42 |
| 30-39 years | 11 |
| 40-49 years | 4 |
| Total | 67 |
Figure 3: Education
| Frequency | |
|---|---|
| Junior Secondary (Form 1 to Form 3) | 3 |
| Senior Secondary (Form 4 to Form 7) | 9 |
| Post-secondary (Non-degree) | 8 |
| Post-secondary (Degree) | 40 |
| Postgraduate | 7 |
| Total | 67 |
Figure 4: Frequency of Victimisation Experience
| Frequency | |
|---|---|
| Once | 38 |
| Twice | 13 |
| Thrice | 3 |
| Four times | 2 |
| Five times or more | 11 |
| Total | 67 |
Figure 5: Type of Sexual Violence Experienced (Multiple Options) (67 Respondents)
| Frequency | |
|---|---|
| Unlawful Sexual Intercourse out of threat or intimidation | 3 |
| Attempted sexual assault or a rape threat | 16 |
| Unwelcome bodily contact | 26 |
| Threat and attempt to indecent bodily contact | 21 |
| Forcefully expose your inner garment / sensitive area | 9 |
| Insulting, intimidating, and provoking words with sexual intention | 54 |
| Lascivious or unpleasant gaze (leering) | 25 |
| Upskirting and other forms of image-based sexual abuse | 9 |
| Online distribution of personal information (doxing), and personal attack with sexual connotation | 11 |
| Police’s frisk search and/or strip search involved with officers or individual(s) of opposite sex | 12 |
| Others | 8 |
Figure 6: Victim's identity (Multiple Options) (67 Respondents)
| Frequency | |
|---|---|
| ‘Anti-ELAB’ participant or protester | 52 |
| Pro-government or pro-establishment supporter | 1 |
| Journalist or photographer | 1 |
| Paramedic | 3 |
| Passing by / resident of the neighbourhood | 23 |
| Others (e.g. netizen) | 5 |
Figure 7: Perpetrator identity (Multiple Options) (67 Respondents)
| Frequency | |
|---|---|
| ‘Anti-ELAB’ participant or protester | 5 |
| Pro-government or pro-establishment supporter | 28 |
| Rideshare driver or rideshare pretender | 2 |
| Police or other law enforcement officer | 32 |
| Triad member | 9 |
| Passing by / resident of the neighbourhood | 17 |
| Netizen | 9 |
Figure 8: Place of Incident (Multiple Options) (67 Respondents)
| Frequency | |
|---|---|
| One the street | 36 |
| Residential area (lift lobby, podium area) | 3 |
| Police station (including any detention facility) | 12 |
| Shopping centre (including its connecting footbridges and lobby) | 8 |
| Public leisure facility (including parks, and sitting out area) | 10 |
| Public transport (including train compartment, and station area) | 9 |
| Online space | 10 |
| Others (e.g. toilet) | 3 |
Figure 9: Ways of Coping (Multiple Options) (67 Respondents)
| Frequency | |
|---|---|
| Shout or Scream | 22 |
| Seek help from social service agency / legislator / lawyer | 2 |
| Contact website moderator | 5 |
| Escape | 12 |
| Pretend nothing happened | 11 |
| Stare at the perpetrator | 20 |
| Recording the perpetrator’s face or other evidence with camera | 4 |
| Seek-help from other protesters or citizen | 20 |
| Response with force | 1 |
| Report to the police | 2 |
| Did not know how to respond | 24 |
| Others (e.g. engage perpetrator in a rational discussion, reprimand) | 10 |
Figure 10: Reasons of Not Reporting to the Police (Multiple Options) (65 Respondents)
| Frequency | |
|---|---|
| Considered the matter is not responsible by the police authority | 11 |
| Considered police’s handling would not be effective | 52 |
| Worried of getting arrested for other offences | 38 |
| Worried of persecution by other law enforcement agencies or unknown persons | 32 |
| Lacking perpetrator’s information | 35 |
| Considered there were other ways to handle the case | 1 |
| Did not want to magnify what happened | 8 |
| Tried to call 999 but call was not picked up | 1 |
| Perpetrator was a police or other law enforcement officer | 27 |
| Lacking confidence in police’s ability to enforce the law | 38 |
| Others (e.g. privacy concern) | 3 |