Opinion | Hong Kong must update its sexual offence laws to empower survivors

As Hong Kong prepares for a likely public consultation on reforming the Crimes Ordinance, the urgent need to update our outdated sexual offence laws has never been clearer. Just months ago, in July, a scandal at the University of Hong Kong erupted when a law student allegedly used artificial intelligence (AI) to create deepfake pornography targeting over 20 students and teachers, exposing the city’s legal vulnerabilities.

This is not an isolated issue. Hong Kong’s sexual offence laws date back multiple decades and fail to address today’s realities. Ignoring this leaves victims vulnerable in a rapidly evolving society. With the Security Bureau considering more than 70 Law Reform Commission recommendations, Hong Kong has a rare chance to forge a more comprehensive and effective legal framework. But the city’s reforms must go beyond patchwork fixes.

Hong Kong’s framework, grounded in colonial-era statutes, adopts a narrow and outdated definition of sexual violence based on old societal norms. Rape is narrowly defined as non-consensual penetration involving a male perpetrator and female victim, excluding many non-consensual sexual acts or same-sex assaults. There is also no statutory definition of consent, forcing courts to fill the gaps inconsistently. Moreover, emerging harms such as “stealthing” (non-consensual condom removal) and AI-generated sexual images are unaddressed, leaving survivors vulnerable without adequate protection.

The toll is devastating. RainLily, an NGO that supports victims of sexual violence, reports that only 41.4 per cent of cases have reached police in recent years. Data indicates a conviction rate of just over 6 per cent. Survivors, often deterred by fears of disbelief or revictimisation, wait for an average of over four years before seeking help.

The Law Reform Commission has introduced proposals, such as defining consent as a free and voluntary agreement, replacing the outdated concept of “rape”, and recognising new offences such as sexual grooming.

Yet, these reforms are only the foundation. To empower survivors, we must embed changes within a holistic system that expands protection and anticipates future challenges. This requires three intertwined pillars – a clear and definitive consent standard, protections that adapt to evolving sexual harms, and a justice process designed to encourage healing over trauma.

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