What is sexual assault?
Sexual assault is any crime against a person with sexual nature that causes physical injury, pain, or mental distress. Sexual assault is a crime in Hong Kong. Below is an overview of the different types of sexual offences (crimes) in Hong Kong:
Indecent assault
Under section 122 of the Crimes Ordinance, a person who indecently (improperly) assaults another person is guilty of the crime of indecent assault. Usually, indecent means that the crime was sexual. The offender must intend to (want to) assault the victim and that the action the offender takes is indecent. This will be decided by the Judge in court.
Rape
Under section 118 of the Crimes Ordinance, a man who rapes a woman commits a crime and the maximum punishment is imprisonment for life. Rape happens when a man has sexual intercourse with a woman, who does not consent to the sexual intercourse. The most important part of the crime is that the woman does not consent to the intercourse. To be a guilty of rape, there must be evidence that the woman did not consent to the sexual intercourse.
Marital Rape / Partner Rape
Marital rape is similar to rape, the only difference is that the offender is the victim’s spouse or partner. Under Hong Kong law, a wife must consent to intercourse with her husband. A wife has a right to decide and the law considers that the wife must fully and freely consent to intercourse.
This same rule applies to a female partner or cohabitant (someone the victim lives with).
Attempted Rape
Under section 159G of the Crimes Ordinance, a person who tries to (or attempts to) have sexual intercourse with someone, but fails to because, for example, the victim fights back or resists is guilty of the crime of attempted rape.
If a person is charged with attempted rape, the evidence will have to show that the offender intended to (wanted to) rape the victim but could not for some reason.
Sometimes, the evidence is not enough. In that case, the offender can be charged with an assault offence (for example, indecent assault).
Helpful Tips
- Stay safe and document any harm you experience as much as you can. Staying safe means removing yourself from the source of harm as much as possible. If you can, keeping evidence of the sexual assault is useful if you wish to make a police complaint afterwards. Remember to be safe and try to be as discreet as possible.
- Get help from someone you trust and report the sexual assault to the authorities. Rainlily Hong Kong provides emergency support services to people who have been sexually assaulted. CEASE Crisis Centre (Tagalog) also provide similar services, including shelter. Their services include helping survivors go to the police to make a report. If you are in immediate danger, call the police at 999 for immediate assistance.
