SUBMISSION TO THE SECURITY BUREAU’S PUBLIC CONSULTATION ON “IMPROVING THE LAWS ON SEXUAL OFFENCES IN HONG KONG”
We welcome the Security Bureau’s conducting of a public consultation on “Improving the Laws on Sexual Offences in Hong Kong” to strengthen protection for victims of sexual offences, and to modernise the laws on sexual offences in Hong Kong to keep pace with the times. Other jurisdictions have made much progress to reflect changing times, and Hong Kong is due for an update.
However, as an NGO supporting young women, some of who have experienced sexual and emotional abuse within families or close relationships as well as those who get caught up in the sex trade or “part-time girlfriend” work, we believe the current proposals can be further strengthened in six key areas to provide more meaningful protection for victims and survivors.
1. Closing the Loophole on the “Mistaken Belief” Defence
2. Providing Prosecutorial Discretion for Consensual Peer Relationships
3. Criminalising the Creation of Sexual Images Made Without Consent
4. Enacting a Specific Offence Against Persistent Child Abuse
5. Expanding the Scope of Rape to Include Forced Oral Sex on Female Genitalia
6. Expanding the Definition of “Persons with Mental Impairment” to Include Physical Impairment
We urge the government to give careful consideration to these recommendations and toincorporate them into the final legislative proposals. By doing so, Hong Kong can develop a legal framework that truly reflects the principles of sexual autonomy, consent, and protection of the vulnerable that underpin the proposed reforms.
We look forward to continuing to engage with the government on these important issues and to contributing to the development of a legal framework that provides meaningful protection for all victims of sexual offences.
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