Proposed sexual offences overhaul extensive but advocacy groups cite concerns

Proposed sexual offences overhaul extensive but advocacy groups cite concerns While government’s plan goes beyond law reform body’s suggestions, groups say ‘honest but mistaken’ defence over consent could be a loophole Hong Kong authorities’ proposed overhaul of the city’s sexual offence laws has gone further than suggestions made by a law reform body, but some advocates remain concerned over a legal defence loophole. Advocacy groups have welcomed authorities’ proposals to include a list of circumstances that define situations of no consent to a sexual act, as well as adopting gender-neutral wording to cover victims of all genders. But lingering vagueness over a defence claiming an “honest but mistaken” belief in a victim’s consent, and whether law enforcement and the criminal justice process will reflect the law’s gender-neutral stance, remain concerns for some groups. “While the first part of the proposed consent clause is well-drafted, leaving such a massive back door that allows ‘mistaken belief’ to override the new statutory definitions would be a disappointment,” Doris Chong Tsz-wai, executive director of the Association Concerning Sexual Violence Against Women, said. A South China Morning Post check found that some of the administration’s proposals exceeded the scope of the commission’s suggestions.