RainLily responds to the passage of Mandatory Reporting of Child Abuse Bill
The Legislative Council today (11 July 2024) passed the third reading of the "Mandatory Reporting of Child Abuse Bill," mandating professionals in various sectors to report suspected cases of severe abuse involving individuals under the age of 18. RainLily, a sexual violence crisis centre in Hong Kong, had previously made submissions to the consultation and the Legislative Council, reflecting the voices of child sexual abuse survivors and aiming to promote the confidence of victim-survivors in disclosing incidents and cooperating with investigations under the mandatory reporting regime.
RainLily is pleased that the authorities listened to the voices of child sexual abuse survivors during the consultation and legislative process, adding a defence clause in the Bill that prioritises addressing the emotional and complex states of victim-survivors. Under the premise that appropriate measures have been taken to prevent the continuation of sexual violence, frontline professionals providing support can prioritise the emotional needs of the victim-survivors before arranging for the reporting of the incidents. The impact of sexual violence is profound, and many survivors that sought assistance from RainLily require years to address their emotional distress. Respecting the victim-survivor's pace in intervention is crucial for their recovery.
The Bill contains a list of 25 specified professionals who are mandated to report severe cases of child abuse, many of whom do not specialise in supporting victim-survivors of sexual violence. Enhancing these professionals' sensitivity and response capability towards disclosure of traumatic events is vital. When assessing the immediate needs of victim-survivors and deciding whether to report, more in-depth guidance and training may be required. Sexual violence already strips victim-survivors of their autonomy; lacking respect for their autonomy in the follow-up process after disclosure, and forcing them into procedures in an under-informed fashion, will likely cause further harm. RainLily hopes that the authorities will incorporate the voices of childhood sexual abuse survivors and stakeholders in the subsequent "Mandated Reporters' Guide," aiding professionals in identifying cases that genuinely require reporting. This will ensure that the entire reporting and handling process adheres to trauma-informed principles, avoiding secondary trauma to the victim-survivors due to false or wrongful reports.
RainLily also notes that the draft "Mandatory Reporters' Guide" prepared by the authorities requires report of situations such as "online sexual grooming" and "coerced / enticed into activities suggestive of sexual exploitation." However, the current sexual offences legislation does not fully address these situations. Under mandatory reporting regime, children and adolescents are passively complying with the system, yet the criminal justice system lacks adequate protection, which is far from ideal. In fact, the Law Reform Commission included several reform recommendations in its 2019 "Review of Substantive Sexual Offences" report. Unfortunately, legislative progress has stalled for years. The authorities should urgently catch up with the outdated sexual offences legislation and its surrounding measures, address the gaps and deficiencies highlighted by sexual violence victim-survivors over the years, and implement reform to provide better protection for victim-survivors seeking justice through the judicial process.
'Sexual violence relies on victim-survivors' self-disclosure, and even when incidents are revealed, the victim-survivor must be willing to cooperate with investigations for the judicial process to proceed smoothly. RainLily hopes that professionals in various sectors will, while complying with the Ordinance, recognise that reporting cases is merely one of the post-incident measures and not the primary or sole task in protecting children and adolescents. At the same time, they should focus carefully and without making assumptions on the true needs of the victim-survivors, avoiding the notion that reporting is the only means of protecting the victim-survivors' best interests,' said Doris CHONG, Executive Director of RainLily.