• 09/27/2024

‘No real consequences’: Tougher sentence urged after HK$5,000 fine for semen-splashing assault

Hong Kong Free Press

Concern groups have called for a stronger sentence on a man who was fined HK$5,000 for splashing semen-laced water onto a woman at a university, saying the penalty sent a message that sexual violence has “no real consequences.”

Sexual violence, street harassment, women, gender
People walk in the Hong Kong’s bustling Mong Kok district in March 2023. File photo: Kyle Lam/HKFP.

Through an Instagram page called Pissed Us Off, which was set up to bring attention to similar attacks in the city, the victim of the sexual assault – identified only as X in court – called on the Department of Justice (DoJ) to appeal for a tougher sentence.

The current sentence sent a message that offenders could get away with similar acts just by paying a fine, the group said in an open letter to justice minister Paul Lam.

Magistrate Li Chi-ho on Tuesday handed 26-year-old mainland PhD student Lai Changwei the HK$5,000 fine for splashing water mixed with his own semen onto a woman’s buttocks at the City University of Hong Kong.

Li noted that the CityU student had made no direct bodily contact with the woman or her intimate areas and had not committed the act on public transport. HKFP has reached out to the university and the DoJ for comment.

Magistrate criticised

Pissed Us Off’s statement said that many victims of such incidents experienced anxiety and depression. “It is heartbreaking to learn that some of the victims are still traumatised more than a decade after the incident, and are still wary of returning to the scene of the incident.”

A statement by sexual harassment concern group Pissed Us Off. Photo: Screenshot @pissed_us_off via Instagram.
A statement by sexual harassment concern group Pissed Us Off. Photo: Screenshot @pissed_us_off via Instagram.

Since it was set up this February, the Instagram page has aggregated more than 170 reports – mostly from women – of similar liquid-splashing incidents, some dating back two decades.

The victim, X, said the court’s sentence had failed to take into account her rights and needs as a victim, “but, more importantly, it has not truly meted out punishment that takes into account the serious consequences of such criminal behaviour.”

See also: Victims of ‘hidden’ sexual violence on Hong Kong’s streets find solace in sharing, mutual support

The group also rejected magistrate Li’s ruling that Lai did not target X’s intimate areas, saying that she felt the semen-laced fluid reach her buttocks and inner thighs, which was “definitely a sensitive part.”

Citing a case two years ago in which a mainland Chinese student was sentenced to 160 hours of community service, the group said there was no reason why a probation or community service order was unsuitable for the latest offender on the grounds that he held a student visa.

West Kowloon Magistrates' Courts in Hong Kong, on September 19, 2024. Photo: Kyle Lam/HKFP.
West Kowloon Magistrates’ Courts in Hong Kong, on September 19, 2024. Photo: Kyle Lam/HKFP.

The Association Concerning Sexual Violence Against Women issued a statement on Friday calling on the DoJ to appeal the sentence, saying a fine may fail to deter others who might commit similar acts.

The association said it was “perplexing” that the magistrate noted that the defendant did not have direct physical contact with the victim. “Our organisation believes that such a downplaying of the incident completely underestimates its severity.”

“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,” said advocacy officer Cheryl Yip.

Calls for investigation

Beijing-based gender rights NGO WeCanSeeIt has also urged CityU’s Committee Against Sexual Harassment (CASH) to launch an investigation into the incident to decide whether disciplinary action was needed, and propose measures to prevent sexual assault on campus.

Students at City University of Hong Kong. File photo: GovHK.
Students at City University of Hong Kong. File photo: GovHK.

The NGO pointed to universities that had issued reports on its investigations and disciplinary action pertaining to sexual harassment cases, including some in mainland China. It called for transparency over the incident.

WeCanSeeIt also urged the authorities to account for “indirect” forms of sexual assault under the city’s laws against indecent assault in order to provide practical legal protection.

💡If you are suffering from sexual or domestic violence, regardless of your age or gender, contact the police, Harmony House (click for details) and/or the Social Welfare Department on 28948896. Dial 999 in emergencies.

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https://hongkongfp.com/2024/09/27/no-real-consequences-tougher-sentence-urged-after-hk5000-fine-for-semen-splashing-assault/