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Crime in Hong Kong
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LettersLaw reform ought not overlook long-term child sexual abuse

Readers discuss the necessity of a new offence for persistent child sexual abuse, and why the Iran war is unpopular among Nato countries

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Under the current regime, a survivor of child sexual abuse has to distinguish the details of each incident to meet the requirements for prosecution even though they have faced prolonged, persistent and repetitive abuse. A new offence should be introduced to focus on proving patterns of sexual exploitation between an adult abuser and a child over a period of time. Photo: Theodora Yu
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The government has launched the long-awaited reform of sexual offence laws with a month-long consultation that ends on August 5. The consultation covers a range of proposals tackling the inadequacies and outdated language of the Crimes Ordinance, including a definition of consent, the inclusion of gender neutrality, a new offence for grooming and deterrent sentences. We are relieved to see many proposals being introduced to protect the vulnerable, such as children and persons with mental impairment.
However, the offence of persistent child sexual abuse is regrettably not on the list, even though it is commonly seen in family sexual abuse and among the worst atrocities that can be committed against a child. This is a nightmare that forces children to relive trauma, melting painful memories into one.

Nevertheless, under the current regime, the prosecution must prosecute each incident separately.

That means the child has to distinguish the details of each incident (e.g. time, clothing) to meet the requirements for prosecution even though they have faced prolonged, persistent and repetitive sexual abuse.

The authorities should follow other jurisdictions and introduce a new offence of persistent child sexual abuse to fill this gap. Such an offence would focus on proving patterns of sexual exploitation between an adult abuser and a child over a period of time. Even if the victim cannot distinguish the details of each assault, prosecution would still be possible if the victim can describe a pattern of repeated abuse occurring over a specific period and can give details of at least two counts of sexual abuse that took place during that period.

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