Fight Back #68
The Association Concerning Sexual Violence Against Women's Semiannual Newsletter (English Translated Version)
Concepts
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Retributive justice emphasises on punishing offenders through criminal sanctions, in order to reflect the culpability of their criminal behaviour through the traditional criminal justice system.
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Restorative justice focuses on the impacts of harmful acts and mending fences. By providing a communication platform for perpetrators and victims, it enables victims to regain agency and express their feelings to the perpetrators, while helping perpetrators understand the harms they bring, so they could take responsibility, and come up with a redemption plan with victims. The outcome of the dialogue is open-ended and may involve an apology, compensation, or community service. Consensus of both parties is not required. Victims are free to decline perpetrators’ apology or other proposals of redemption.
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The concept of narrative justice originates from “narrative practice”, which advocates for victims to narrate their life stories, identify and reconstruct important plots of their life, in order to gain a different perspective and interpretation. Establishing a platform for victims to narrate their experiences to members of the community, and receive affirmation and support from community members, does not only bring victims therapeutic impact but also help victims reclaim justice.
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Figures from the retrospective study of RainLily cases show that only one out of eight sexual assault victims who chose to report to police had successfully convict the offender, while the remaining cases could not seek justice from the system.
The problem of "case attrition" refers to the number of cases lost in the judicial system, from the beginning of the case entering the judicial process until the court convicts the offender, which is not a rare situation. However, this problem is particularly serious and widespread in cases related to sexual offences. Many reasons attribute to case attrition, including improper handling by law enforcement personnel that leads to victims giving up pursuing the case, victims withdrawing from the trial due to immense pressure and lengthy judicial procedures, high evidentiary thresholds, and the few number of cases delivered by the judicial authorities etc.
Feature
Justice: Imagination Beyond the Judiciary
She secretly typed a lengthy passage in her phone notes.
It was a collection of fragmented thoughts and sentiments recorded when she felt depressed. Over the years, she had been writing down bits of feelings whenever they came to mind. It took her a great deal of time and effort to connect these scraps of words and phrases.
She copied the text to a social media post, hovering her finger over the publish button. She deleted, pasted, and deleted the text again. It has been weeks that she struggled with the decision of whether or not to disclose her deepest secrets. She imagined the fear and pain of being misunderstood and questioned that would follow by exposing her identity. She is terrified of being bombarded with hateful comments, but she is fed up with living in a way that she constantly feels eroded, torn apart and fallen into a vortex.
She did not intend to punish the perpetrator, nor did she feel like dealing with complex procedures and interrogations. All she wants is just someone who understands- "You did nothing wrong. Your sufferings and memories are real."
Unfortunately, whenever victim-survivors disclose their experiences of sexual violence, they often hear questions like "Why didn't you speak out sooner?", "Why didn't you report it to the police?", "What’s your evidence?"......It is not rare to see people failing to empathise with the victim-survivors and raise questions instead. Perhaps it is just the initial doubt, but to the survivor, these words feel like a piercing dagger.
Whenever people talk about “justice”, they often assume the judiciary system as the “only” option to attain justice, so the focus always goes to reading and analysing the victim's pain within the legal framework. However, such a thinking pattern may lead us to disregard the practical needs of survivors of sexual violence, ignore the limitations of the judiciary system, and forget that there are other ways to achieve justice beyond the judiciary system.
The limitations of the judicial system
The limitations of the judicial system were highlighted in the 2018 case of Vera Lui Lai-yiu, in which the former coach accused of indecent assault was ultimately found not guilty. However, the presiding judge noted upon conclusion of the case that "the court's ruling may not necessarily reflect the truth."
"The magistrate stated that the victim's testimony had reasonable doubts, so he ruled that the former coach was not guilty of indecent assault. The magistrate also said that the court's ruling may not necessarily reflect the truth. Regardless of the result of the verdict, she bravely and selflessly came forward to report , bringing up her past fearless of social pressure, such behavior is "extremely commendable." "(Ming Pao, 17 November, 2018)
The threshold for proving criminal offenses such as "rape" and "indecent assault" is high, and it is often difficult to provide "sufficient evidence" to establish guilt “beyond a reasonable doubt”. In such cases, “the benefit of the doubt does to the defendant”, and the court would determine that the charges were not proven. It is also possible for the police to stop investigating or not prosecute due to insufficient evidence, let alone convict. As the judge stated, "it may not necessarily reflect the truth of sexual violence."
In addition, the Sexual Offences Ordinance in Hong Kong has been criticised for its loopholes. Currently, the definition of "rape" only includes "penetration of the vagina by the penis," and does not cover other forms of penetrative sexual assault such as oral sex, anal sex, or object insertion, nor does it recognise male victims. In the trial of rape cases, the defendant's subjective "misunderstanding" may override the victim's wishes and autonomy. The judge's instruction to the jury specifies that "if the defendant believed or possibly believed that the victim consented to sexual intercourse, but in fact he misunderstood, you must acquit him." The conviction or acquittal depends on the defendant's understanding, rather than the victim's true wishes, which is a distortion of priorities.
The judicial system often brings secondary victimisation to survivors as well. The current judicial system does not prioritise the needs of victim-survivors, who are merely "witnesses" assisting the prosecution. They often feel treated as an object and disrespected, for example, a victim-survivor requested for updates about the case several times while no responses were received; another victim-survivor was informed to attend the trial just a few days before.
In the judiciary procedures, survivors have to repeatedly recount their traumatic experiences and personal lives to police officers, forensic doctors, lawyers, judges, judges etc, and they also face enormous pressure when testifying in court and answering questions about their experiences of sexual violence in public. Questioners who lack sensitivity may say things that are extremely harmful to the victim-survivors. A victim once reported a sexual assault to the police, whom asked about her sexual experiences in attempt to create a "promiscuous" image, and another officer even asked, “You don't remember (the details), why are you slandering him?”, “Why did you let him undress you so easily?”, “Are you sure you were raped?”.
According to the "A Retrospective Study of RainLily’s Crisis Service (2000-2018)", of the more than 3,600 cases handled by RainLily, about half (1,818) of the victims reported to the police for help, but over a thousand cases were attrited after reporting, and only in 6% (221) of the cases, the offender were convicted after the first court judgment. (graph 1) The public often accuse victims who did not report, did not attend the trial, whose cases were not convicted as “fake”, “lying” or “slandering”. Does it mean that the sufferings of all survivors, except for these 221 people, are entirely false, and their pain is just an illusion?
Expanding the Imagination of Justice
The general public's understanding of justice has been limited to a narrow "punish the perpetrator" approach when it comes to sexual violence, which is limited under the framework of the judicial system. Survivors who have gone through the legal process and have had the offender found guilty may still not be able to find closure. When injustice occurs, our first concern is often the consequences for the perpetrator and bringing them to justice, while overlooking the harm suffered by the survivor and their surrounding community, as well as how to facilitate their recovery. Yet, shouldn't justice prioritise the needs of survivors by focusing on and listening to their needs?
Some victim-survivors simply want to report the incident to stop the perpetrator, regardless of the outcome of investigation or prosecution. Some want to repair their relationship with family members and not be accused of bringing shame to their "family". Others want a sincere apology from the perpetrator. Some want the perpetrators to promise not to harm others in the future. Some simply want to focus on their own lives and find a way to live with the pain. Some victim-survivors wish that they would be able to talk about their experiences of sexual violence calmly. Some even wish to advocate for policy reform with the aim to protect the rights of other victims. Some want to dissolve misconceptions about sexual violence so there will be no more victim-blaming in the society…
Regardless of the desire for a certain treatment, peace, or change in their situation, all victim-survivors have their unique thoughts, needs, and their own vision of justice. Relying solely on the judicial system may not satisfy their understanding of "justice". This calls for a reflection on the meaning of justice and the need to broaden our understanding of it.
RainLily has attempted to practice "narrative justice" by organising "Co-narrating Space", "Human Libraries", narrative practice groups, and other events, allowing victim-survivors to feel a sense of relief and empowerment through the resonance of others and to seek "narrative justice" together.
"Restorative justice" is one of the methods used to restore harm and facilitate relationship mending. By providing a platform for survivors and perpetrators to meet and have a conversation, the survivor has the chance to describe their trauma and feelings, and ask for the truth from the perpetrator; while the perpetrator has the opportunity to respond to the questions and express their reflections, on the premise of admitting their offense.
The limitations of the judicial system prompt us to reflect on the essence of justice. However, the forms of "narrative justice" and "restorative justice" are not only alternatives or supplements to judicial justice but they offer opportunities to broaden the scope of discussions beyond "retributive justice", and help us return to the fundamental principle of justice - prioritising the needs of victim-survivors of sexual violence, responding to their unique and complex needs, and acknowledging the diversity and coexistence of justice forms.
(Originally written in Chinese)
Voicing Voices I
(Originally written in Chinese)
Exploring the Potential of "Narrative Justice" in Practice
When a mother learns about a family member's sexual assault, she is deeply affected. She secretly searches through the perpetrator's belongings, hoping to find strong evidence to accuse them.
A mutual friend of the victim-survivor and the perpetrator faces the fear of being unable to discern the "truth" and ultimately distances themselves from both parties.
Someone who hears the survivor's story feels unable to make a judgment based solely on "one-sided account" but also wants to help the survivor, leading to a sense of unease and inner turmoil.
We have also encountered victim-survivors who, despite being victims themselves, experience extreme emotional distress and cannot escape self-criticism. They continuously push themselves to gather more evidence. Often, people claim to care about survivors but unintentionally or intentionally scrutinise them as if they were mere evidence. The words and concerns of others often reflect the influence of prevailing discourses on judicial justice. Suppressed by the dominant narrative of judicial justice in society, whether it be victims, supporters, friends, family members, or even the general public, the lack of options makes it difficult and confusing to respond to incidents of sexual violence.
We have found that justice and psychological healing are closely intertwined in the recovery process of sexual violence victim-survivors. However, the current societal understanding and practice of "justice" are often limited to the judicial approach and punishment to the perpetrators. This not only hinders survivors from seeking justice but also restricts how others respond to and think about sexual violence incidents. Despite the increased attention to the secondary trauma caused by the judicial process on victims, the dominant societal imagination cultivated over the years makes it difficult to break free from the mindset of "investigation" and "trial" when approaching sexual violence cases.
These reflections and observations have driven us to explore the possibilities and importance of "Alternative Justice." In recent years, we have regularly organised "Co-narrating Space", creating a platform for victim-survivors to support and accompany each other, listen to each other's authentic voices, and share their personal journeys. Together, we aim to become individuals who strive, struggle, and have choices. After the incident, some individuals may want to "gather evidence," but the perspective on evidence collection is no longer seen as an automatic responsibility. Instead, it reflects other goals they wish to pursue. Some individuals want to bring attention to same-sex sexual violence trauma, the trauma that has been downplayed. Others, despite experiencing familial sexual abuse, some decided to prioritise the well-being of other family members and choose to silently distance themselves from their family. Survivors are not burdened with the pressure to share success stories but rather speak out their own thoughts. Their narrative framework is not dictated by specific stories, allowing their voices to avoid being ignored or distorted. They regain the right to narrate their experiences and autonomously construct their own identities.
Many participants of the "Co-narrating Space" have responded, and here are some of their willing public responses:
"Removing the barrier of sexual violence that victim-survivors carry, I now understand that 'survivors' are also human beings, not just victims."
"Often, facing sexual violence is not just about problem-solving; it's about connecting with oneself and accepting oneself."
"I no longer think that my thoughts and feelings are problematic."
"I realised that I can equate sexual violence with other difficulties in life."
"I feel safe and confident to speak about sexual violence."
The "Co-narrating Space" follows the practice of "Outsider Witness" in Narrative Practice and is a process of enacting Narrative Justice. Narrative Justice emphasises constructing a "justice imagination" based on lived experiences and collectively exploring the possibilities of practice, allowing individuals, groups, and society to seek justice. Listeners are not passive recipients; they need to be aware of their own reactions, resonances, and profound connections while listening and respond to others' stories with an attitude of connection. Through storytelling and an open dialogue approach, participating victim-survivors can reclaim justice within the group and receive affirmation.
Florence Tsang, RainLily Counsellor
(Originally written in Chinese)
Voicing Voices II
Behind the exhibition "Where there is peace"
(Originally written in Chinese)
The new exhibition at 480.0 Gender & Art Space invited four groups of artists to engage in dialogues with sexual violence survivors, where survivors narrated their needs from their own perspectives, and artists responded to their emotions through creative works. Through this process, we explored directions for responding to survivors' needs and pursuing justice outside of institutional frameworks.
The exhibition is named 'Calm' instead of 'Justice' because, as curators, we also had diverse discussions about the concept of 'justice.' What does 'justice' mean to survivors? Is it their most pressing need? Do survivors' understandings of 'justice' vary at different stages?
Later, we realised that survivors' needs cannot be simply summarised by the term 'justice' as imagined by the general public. During the initial stages of the exhibition, the dialogue between survivors and artists was a part of our attempt to practice narrative justice. In each participation, when I listened to survivors' emotional journeys, many of them spontaneously mentioned that, compared to the distant and heavy notion of 'justice,' what they urgently wanted was for sexual violence to stop and to find ways to 'survive' amidst the darkness and fear. Their primary concern was not about making perpetrators pay the price but rather focusing on stabilising their own physical and mental well-being. Survivors also showed me that their understanding and imagination of justice can change with circumstances and their own states. Some may want to focus solely on their emotional health, while others empower themselves and others by sharing their experiences. Some want to move forward and drive systemic changes, dismantling societal misconceptions about sexual violence.
The journey to achieve calm and contemplate what justice truly means to oneself can be arduous and seemingly endless. At times, one may feel deeply entrenched, while at other times, they may appear to be on the path to recovery, only to be struck by uncontrollable waves of memories and emotional fluctuations. As survivors sincerely share their emotional journeys, I also seem to sense their uncontrolled self-blame and questioning, the torment of unspoken heaviness, and the exhaustion from being surrounded by secondary harmful comments online or in their surroundings. Merely trying to portray themselves as normal, continuing with work, routines, social interactions, and daily life, has already drained their strength. Listening to the efforts survivors make for themselves, even though it may be difficult to articulate, they try time and time again to sort through their thoughts, engage in learning and reading, search for language that can describe their experiences, and persist even when faced with doubt... I truly admire their resilience and acknowledge the challenges they face. What's even more challenging is that despite not knowing when they will reach the end, despite the difficulties they encounter, they are clear about their needs and goals, and they believe in their own strength and willingness to move forward.
The public often focuses on judicial justice, but from the stories of survivors, we tangibly feel that they can find a more suitable sense of calm outside of institutional frameworks, and they have their own methods to pursue justice that resonates with them. Who says that prioritising one's own needs is not a form of justice? Why burden the already wounded victims with the weight of punishing evil and promoting goodness?
I am grateful to all of you for your courage in sincerely sharing your stories, bringing forth questions that are worthy of public reflection and dialogue.
Voicing Voices III
Survivor's Post-sharing Reflection
(Originally written in Chinese)
On the calm evening of July 29, 2023, following a heavy downpour, I stepped into the Kowloon Union Church. The perfectly balanced temperature and humidity inside provided a much-needed relief from the damp, humid weather outside. While for many, such weather may be associated with the typhoon season, for me, it held profound significance as I had the opportunity to share my experience of sexual violence and my interpretation of justice during the "Accompanying Victim-Survivors of Sexual Violence - Gender Justice" seminar.
In 2017, I had the privilege of attending a seminar hosted by author William Paul Young in Hong Kong. At that time, I dreamt of one day recovering from the emotional trauma of sexual violence just like him and sharing my experiences with love and compassion, without feeling the need to bear the burden of secrecy as if I had done something wrong. I longed to connect with others who had similar experiences, sharing the pain, suffering, and loneliness that accompanied them. Never did I imagine that my thoughts and hopes from that time would come true in this very seminar. I am sincerely grateful to RainLily and Kowloon Union Church for making this dream a reality.
As mentioned in the seminar, sexual violence is not solely about sexual intent. Most perpetrators and victims are acquainted with each other, making the reasons behind such acts and the ways to address them complex. Therefore, the insights and gains from this seminar have fulfilled my needs on various levels. Firstly, I found liberation and released the burden of guilt that I had carried for over thirty years through self-criticism. The critical voices came from various sources, including family members, therapists, social workers, counsellors, pastors, and societal norms. The accumulation of these experiences reinforced the self-critical voice within me, gradually becoming a habit. Consequently, I became hesitant to disclose such matters to others, as it was hard to believe that there were people who would genuinely trust and accept me. Thus, I kept the secret, but the consequence of this secrecy was the gradual emergence of guilt and shame, which turned into a prison that trapped my soul. The experience of this seminar felt like a key that finally unlocked the long-held prison of my soul.
Furthermore, when I initially agreed to share my story at this seminar, I struggled immensely in selecting the content to share. RainLily provided me with sufficient space to decide what to share, and after careful consideration, I decided to share the immense pain caused by the sexually abusive behavior of a family member and the traumatic experience of sexual violence within the family. This struggle was worth sharing, as it constituted the core of my trauma. However, I also considered that if my family members were to discover that I had made these events public, they might become extremely angry, leading to a possible rupture in our relationships and even affecting their reputation. As I contemplated this, I realised that I had been keeping the secret for the sake of my family, carrying their burden for many years. Finally, during the seminar, I mustered the courage to speak about the incidents of sexual violence involving my family members. I felt the acceptance and encouragement from the attendees, which helped me understand that I am not responsible for the wrongdoings of the perpetrators or the consequences of the events. I was able to shed the burden of guilt.
The second aspect is that, after freeing myself from the prison of my wounded soul and letting go of the burden of guilt, I can affirm my strengths more and reduce the tendency to magnify my shortcomings, thus building self-confidence. Florence, my counselor, mentioned that she was deeply moved after reading the initial draft I prepared for this seminar. She saw not only my contemplation on whether or not to forgive the perpetrator but also the openness of my heart. Reflecting on the attentive listening and active participation of the attendees during the event, as well as the encouraging and affirming words in their questionnaire responses, I truly appreciated Florence’s affirmation of the aforementioned aspects. Despite facing the harm inflicted upon me by the perpetrator and the misconception that I am unwilling to forgive and let go during the recovery process, I still hold a warm-hearted hope to inspire their transformation, urging them not to continue their mistakes.
The insights I gained above have deepened my understanding of justice. The pursuit of justice provides an opportunity for me to put my beliefs into practice. It starts with honestly facing my own feelings, thoughts, and beliefs. This aligns with the guidance Florence provided during our counseling sessions, helping me avoid being trapped in the criticism of others and reclaiming my inner voice. The more I connect with my true self, the better I can discern which parts are my authentic voice and which parts are merely projections and expectations of others. I no longer carry the identity of a scapegoat, and justice is no longer beyond my reach.
Kay, Survivor
(Originally Written in Chinese)