Hong Kong reforms sex laws amid calls for stronger consent standards
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Advocates in Hong Kong are urging the government to strengthen proposed changes to sex laws, even as authorities move to criminalise persistent child sexual abuse and “cyberflashing,” the act of sending unsolicited images of genitals.
We Are X, a campaign group representing sexual assault survivors, welcomed the proposed new offences but continued to press for limits on a legal defence that allows suspects to claim they mistakenly believed consent was given.
The group fears that defendants could still be acquitted if they assert an “honest but mistaken belief” about consent, even when factors like force or deception are present. The Association Concerning Sexual Violence Against Women (ACSVAW) shares these concerns, stating that current laws contain loopholes that have led to acquittals based on unreasonable claims of mistaken belief.
Both groups argue that defendants should not be allowed to use this defence if they failed to confirm the victim’s consent or were reckless about whether consent existed, such as when under the influence of alcohol. We Are X also requested increased public education to address misconceptions about false accusations and to clarify that the standard for conviction will not be lowered.
The group additionally suggested Hong Kong change the legal term “rape” to “sexual assault by penetration,” believing the clearer language would better reflect the scope of the offence and apply to all non-consensual penetrative acts.
