Newsletter #59
Feature
LegCo Election 2020 - Platform for Gender Equality: Responding to Sexual Violence via institutions, law and education
The 7th Legislative Council (LegCo) Election will be held in September this year. Upon the current lack of corresponding policies combating sexual violence, ACSVAW is proposing the following platforms for LegCo election candidates to include in their future working plans and push for policy change in their office.
1. Establishing One-stop Crisis Centre for sexual violence victims
Without one-stop service for all procedures, sexual violence victims in Hong Kong have to go through various places for taking deposition and evidence, including, hospital, police station and forensic office. Long-winding and repetitive procedures will bring second trauma to victims, and frustrate them from seeking help.
Suggestions: Establish a 24-hour crisis support centre in 3 public hospitals located in New Territories, Hong Kong Island and Kowloon respectively. Provide services in the centre, including, one-stop service for police reporting (filing a case, deposition-taking and forensic evidence-taking), medical checks and follow-ups, counselling and emotional support. The design and operation of the one-stop centre should follow the good practice suggested by WHO in the Guidelines for medico-legal care for victims of sexual violence.
2. Criminalise Image-based Sexual Violence
While the reports of Image-based Sexual Violence (IBSV) is increasing, the current legal system in Hong Kong has fallen silent and disappointed victims as they cannot seek justice via the system. IBSV includes taking, distributing, and/or making threats to distribute, a nude or sexual image or clip without a person's consent.
Suggestions: Review of the current Control of Obscene and Indecent Articles Ordinance and other criminal ordinances that used to press charge and evaluate if these ordinances are up-to-date and effective. Make references from the ordinances in overseas jurisdiction and set up specific laws against IBSV.
3. Implement the legal reform on sexual offences
The sexual offences now in Hong Kong have been used for more than 60 years and a lot of it is out of touch. Review of Sexual Offences Sub-committee in the Law Reform Commission (LRC) was set up in 2006 and have then released 3 consultation papers, and only in 2019 published the final report Review of Substantive Sexual Offences. The whole progress has lasted for 13 years and all the suggested reform has not yet been implemented, and the Government has not given any response upon the suggestions made by the LRC. The delaying reform is far from acceptable.
Suggestions: The Justice Department should draft a new set of sexual offences according to the suggested changes in Review of Substantive Sexual Offences, while the LegCo should start the lawmaking procedure as soon as possible.
4. Increase budget and review effectiveness on the dated sex education
The current sex education curriculum is deficient and reactionary, which still focus much on biological structure of body, and fall short in letting students to understand sexual violence, at the same time reiterate rape myths and stereotypes. According to Retrospective Study of RainLily’s Crisis Services (2000-2018), it takes an average of 13 years for underage victims to seek help from RainLily. The delay reporting is not a minor issue, so we need to equip our young generations about sexual violence and where they can access to help.
Suggestion: Government should take proactive actions to collect data from schools, review the effectiveness of sex education and make changes for future implementation. Increase budget on sex and gender education trainings for teachers and educators. LegCo member should push for the amendment on the current Guidelines on Sex Education in Schools in long run with the reference from International Technical Guidance on Sexuality Education, published by UNESCO.
5. Investigate independently the misconduct of members of law enforcement
Anti-ELAB movement has exposed the misconduct and wrongdoings of the law enforcement, especially using violence towards protestors and arrested persons. That includes sexual assault, exposure of victim’s private parts during making an arrest, verbal sexual abuse, body search without clothes on, and unable to make the delinquent members of law enforcement accountable. This has discouraged sexual violence victims from seeking justice via the judicial system. For now, victims can only access forensic service if they report to police, and this arrangement has deprived the victims of their rights if they decide to report the case later.
Suggestion: Government should establish an independent investigative body to carry out inquiries upon the sexual violence complaints during the Anti-ELAB movement. Also the government should refine the current procedures for evidence-taking, so sexual violence victims are not required to report to police before getting checked up and taking evidence.
Hear Me Out
Sexual Violence Victims under COVID-19
We have lived under the pandemic for nearly half a year and stayed at home for most of the time. Our homes should be safe havens for us. However, for sexual violence victims, it is not necessarily the case. RainLily has interviewed 40 service-users during May and June 2020 to understand their situations and needs. More than half of the interviewees say the time they spent with perpetrators have increased during this period and that has caused more discomfort. 50% of the interviewees feel more fearful, anxious and depressed.
According to a report released by the UN, domestic violence has increased all over the world during this lockdown and social-distancing period. In March 2020, RainLily received 30% more helpline enquiries. Most of the cases received did not happen in February or March - they reached out to RainLily during the pandemic especially because victims spend more time at home and reduce social activities, and have had flashbacks to the scenarios being assaulted sexually. 60% of the interviewees says they have had more flashbacks to the incidents during the pandemic.
RainLily remains normal counselling services during the pandemic, but some service users hesitate to leave home for the counselling sessions - so our workers use phone or video calls to continue the session. However that has increased the difficulties for in-depth counselling. On top of that, public and private institutions only provide minimum services during the pandemic, more than 40% of the victims cannot receive follow-up services on their cases as scheduled, which has frustrated them. 5 of our cases have their judicial procedures delayed or cancelled because of the pandemic, and that has caused pressure and disappointment.
As always, RainLily is open for sexual violence victims to seek help.