RainLily publishes Retrospective Study Statistical Report 2019-2023

Sexual Violence Retrospective Study Reveals Surge in Cases Involving Intimate Partners and Intimate Images, Decline in Reporting Rates,
Calls for Urgent Sexual Offences Law Reforms

RainLily, Hong Kong's first sexual violence crisis centre, has published RainLily Retrospective Study Statistical Report 2019-2023, a follow-up report on its major research programme. The report provides statistical data and analysis of 1,984 sexual violence cases handled between 2019 and 2023, along with other past cases.

Increasing Demand for Support in Sexual Violence Cases, Yet Decline in Reporting Rates

The study shows a steady increase in the number of sexual violence cases followed up by RainLily over the past fifteen years (2009-13, 2014-18, 2019-23). The number of cases rose from 1,047 during 2009-13 to 1,336 in 2014-18 and further to 1,984 in 2019-23, representing a 48.5% increase over the two most recent five-year periods.

The study also found that delayed help-seeking remains significant in Hong Kong, with an average delay of 1,536.8 days (around 4.2 years) from the incident date before individuals sought assistance from RainLily in the past five years.

However, the study indicates a recent decline in the reporting rate for sexual violence incidents. According to RainLily's data over the past fifteen years, 56.8% of cases were reported to the police in 2009-13, which fell to 44.1% in 2014-18 and further to just 41.4% in 2019-23. Dr Albert Chi-hang YAU, Senior Research Officer at RainLily, remarked, "The study also found that many cases initially proceeding to the criminal justice system were withdrawn by the complainants, indicating that existing judicial processes do not provide adequate protection, thus diminishing victim-survivors' confidence in seeking justice. Judicial support measures require further improvement, and authorities should explore enhancements in reporting, investigation, and prosecution procedures for sexual offences to incorporate trauma-informed principles at every stage, reducing the stress faced by victim-survivors of sexual violence."

Limitations in the Current Legal Definition of "Rape"

The study categorises cases into "penetrative sexual assault," "non-penetrative sexual assault," and "non-contact sexual assault." "Penetrative sexual assault" encompasses any non-consensual act involving penetration, including vaginal, anal, and oral acts. By using the term "penetrative sexual assault," the study includes other forms of non-consensual penetration beyond the current legal definition of rape (limited to penile-vaginal penetration), recognising that all penetrative acts inflict equally severe fear and harm on victim-survivors, which better reflects the range of cases at RainLily.

Between 2019 and 2023, the majority of cases followed up by RainLily involved "penetrative sexual assault" (44.7%), followed by "non-penetrative sexual assault" (31.6%) and "non-contact sexual assault" (23.0%). Among cases involving "penetrative sexual assault," 48 victim-survivors experienced acts other than vaginal intercourse, which under the current legal system are only classified as "indecent assault" or other sexual offences, revealing a significant disparity between the trauma experienced by victim-survivors and the criminal legal response.

Sharp Increase in Cases of Image-Based Sexual Violence and Intimate Partner Sexual Violence; Need for Clearer Definition and Education on Consent

The study also reveals shifts in sexual violence patterns and support-seeking trends in Hong Kong. Over the past five years, cases of image-based sexual violence and intimate partner sexual violence followed up by RainLily have risen sharply.

Compared to the past fifteen years, cases involving "non-contact sexual assault" (e.g., image-based violence, verbal sexual harassment) show a significant upward trend, increasing from 33 cases (3.2% of total cases) in 2009-13 to 137 cases (10.3%) in 2014-18, and then dramatically to 448 cases (23.0%) in 2019-23, representing a 230% increase over the past two five-year periods. Of the 304 image-based sexual violence cases recorded in 2019-23, close to 70% of the "non-contact sexual assault" cases, 45% involved intimate partners as perpetrators.

Overall, cases involving intimate partners as perpetrators also rose, from 199 cases in 2014-18 to 344 cases in 2019-23, a 70% increase. Intimate partners include current or former partners or regular sexual partners, making up the highest category of perpetrators across all cases.

Doris Tsz-wai CHONG, Executive Director of RainLily, said, “Through case counselling, we have observed that both image-based sexual violence and intimate partner sexual violence reflect a societal gap of clear and consistent understanding of the concept of 'consent.' For instance, when private images are shared without consent, the victim-survivor is often questioned for having taken the images, equating it with consent for distribution. This reflects a general misunderstanding that assumes giving consent to one act means automatically consenting to other acts, and it highlights the need for clearer public education and legal reforms to promote respect for individual autonomy.”

Recommendations: Reforming Laws on Sexual Offences and Related Policies

RainLily's ongoing Retrospective Study reveals that survivors continue to face challenges when seeking justice through the criminal justice system. Data from the past five years further underscore the urgent need for the Hong Kong government to modernise outdated sexual offences legislation and implement recommendations from the Law Reform Commission's Review of Substantive Sexual Offences report, published after over a decade of consultation and study. Key recommendations include defining "consent" more clearly in law and expanding the offence of rape to encompass all penetrative sexual assaults to provide comprehensive protection for survivors, thereby encouraging them to seek help and pursue justice.

On a cultural level, the government should initiate comprehensive sexuality education, emphasising consent, body boundaries, and the importance of respect. Comprehensive sexuality education should be made a compulsory subject with specific teaching guidelines for schools and educators, implemented across all educational levels.

RainLily hopes that by establishing a data monitoring mechanism to review sexual violence case statistics every five years, Hong Kong can better keep track of sexual violence incidents and trends, providing a basis for improved policies, preventive education, and support services. This initiative aims to address the issue of sexual violence in Hong Kong at its core, fostering a safer and more compassionate environment for victim-survivors.



 

左起:風雨蘭 資深研究主任 邱志衡博士;風雨蘭 總幹事 莊子慧