Statement on Magistrates' Court Ruling in Case Involving Splashing Liquid Containing Semen
The Association Concerning Sexual Violence Against Women (the Association) has noted the recent ruling at West Kowloon Magistrates' Court, where a postgraduate student was convicted of committing an act of indecent assault by splashing a liquid mixed with his semen on a woman on campus. The magistrate, after considering mitigating factors, imposed a fine of only HK$5,000. The victim responded to the case today (27th September) via a social media page raising awareness of the issue, expressing disappointment and anger at the sentencing, describing the fine as downplaying the harm done to her. The Association believes that this punishment does not adequately reflect the gravity of the offence and fears it may fail to serve as a sufficient deterrent to others who might be inclined to commit similar acts.
According to the case details disclosed in court, the defendant had premeditated the assault, preparing the semen in a test tube and then following an unknown woman on campus before splashing the contents on her while holding up a mobile phone. This clearly demonstrates that the act was planned and deliberate, rather than a reckless impulse due to stress. The court should impose a punishment with a deterrent effect for such calculated sexual violence targeting women. A fine alone clearly fails to reflect the seriousness of the case. The Association urges the Department of Justice to appeal the sentence within the 14-day deadline.
According to reports, the court considered the defendant did not have physical contact with the victim or “touch her sensitive parts” as a mitigating factor, which is a perplexing description. Similar to several cases over the past six months, the perpetrator deliberately splashed an unknown liquid, suspected to contain bodily fluids, onto the private parts of women, which is undoubtedly a contact-based sexual assault involving sensitive body areas. The Association believes that such a downplaying of the incident completely underestimates its severity.
“In Hong Kong, the penalties for indecent assault can include fines, community service orders, or even imprisonment. For indecent assaults occurring on public transport, the courts have clear guidelines that require immediate imprisonment. This approach takes into account the prevalence of such incidents on public transport and the need to protect passengers from assault, viewing it as necessary to strictly punish offenders and deter potential criminals¹. For indecent assault cases in other settings, the courts determine sentencing based on various factors. However, in many street sexual assault cases, offenders are often only sentenced to fines or community service, which lacks deterrence and fails to reflect the widespread impact of sexual violence on victim-survivors and society as a whole,” said Cheryl YIP Cheuk-yi, Advocacy Officer of Association Concerning Sexual Violence Against Women.
“While sexual violence on public transport is common, there has also been a growing number of incidents in recent years where liquids are splashed onto women's private areas in public places. A social media page dedicated to raising awareness of these assaults has received over 170 reports within six months, highlighting the widespread nature of the problem, which also deserves public attention. This type of sexual violence forces women to remain on constant guard in public spaces that should be safe, seriously infringing on their autonomy and freedom. The court should consider all factors when sentencing to properly reflect the seriousness of these incidents and deter future offenders. Over time, sentencing guidelines should ensure consistent and appropriate penalties for similar cases. If penalties are too lenient, it may give the public the impression that sexual violence has no real consequences, undermining public confidence in the judicial system,” Yip complemented.
¹ Attorney General v. Wai Yan Shun [1991] HKCA 23 (CAAR17/1990)