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Law

Law

China’s #MeToo movement takes a legal turn as woman applies to counter sue television star Zhu Jun

Former intern hits back after being told she is being sued in a civil case for damaging celebrity’s reputation and mental well-being

PUBLISHED : Thursday, 27 September, 2018, 3:21pm
UPDATED : Thursday, 27 September, 2018, 10:45pm

When a former intern at China’s state broadcaster wrote in July about being groped and forcibly kissed by one of the country’s most recognisable television stars, her story ignited a social media firestorm in a country where a backlash against sexual harassment is growing.

Now her case is set to go before the Chinese legal system.

The 25-year-old said she had been told on Tuesday by a court in Beijing’s Haidian district that she was being sued in a civil case for damaging Zhu Jun’s reputation and mental well-being.

Also named in the suit was Xu Chao, a friend who had been championing the case online. At her request, Reuters is withholding the name of the accuser and identifying her by her online name, Xianzi.

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Zhu is demanding that the two women apologise online and in a national newspaper, pay compensation of 655,000 yuan (US$95,250) and cover the costs of legal fees for the case, according to a copy of the filing seen by Reuters.

Descriptions of Zhu forcibly kissing and groping Xianzi were “pure fiction” and had caused “grave damage” to Zhu’s public image and mental health, according to the filing, which was dated September 18 and is not available to the public.

In response, Xianzi on Tuesday applied to file her own civil suit against Zhu for “infringement of personality rights”, she said. Personality rights is a broad term used within Chinese law to refer to personal dignity rights, but does not specifically mention sexual harassment.

“I decided that you have to use the law to prove what you said happened,” Xianzi said on Wednesday.

Zhu, 54, whose lawyers have publicly denied the allegations, did not respond to repeated requests for comment. Zhu’s lawyer issued a statement earlier this month saying he had sued the two women. Reached by telephone, Xu confirmed the filing of the lawsuit.

China’s justice and public security ministries did not respond to requests for comment.

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China does not have a law that specifically prohibits sexual harassment. However, on August 27 its parliament announced that it was considering adding provisions to a civil code, expected to be passed in 2020, that would allow a victim to file a civil suit against someone who uses words, actions or exploits a subordinate relationship to sexually harass them.

The changes would also require employers to take measures to prevent, stop and handle complaints about sexual harassment.

In recent months, there have been several allegations of sexual abuse against powerful men, including prominent university professors, the head of China’s Buddhist association, and leading figures in the media and at non-governmental organisations, which have reverberated across social media in China.

That intensified with the arrest and release by US police last month of Richard Liu, chief executive of Chinese e-commerce giant JD.com, on a rape allegation. Liu has not been charged and through a lawyer has denied any wrongdoing.

Up to now, vague laws, patchy implementation and a lack of understanding among lawyers, judges, police and the public have hampered attempts to handle cases through the courts, and deterred many victims from filing suits, according to activist groups.

The lack of a clear definition of sexual harassment, or an agreed upon standard for addressing complaints, entrenches a “culture of silence”, according to the Beijing Yuanzhong Gender Development Centre, a non-profit.

The group said that while workplace sexual harassment is widespread in China, only 34 specific cases have been logged in the official court case database since 2010.

Xianzi was a 21-year-old intern at the state broadcaster CCTV when she said she met Zhu, who is famous across China for hosting an annual Spring Festival extravaganza, one of the country’s top-rated programmes.

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In an interview, Xianzi said she had been alone in a dressing room with Zhu when he asked her if she wanted to work for the channel after her internship, before trying to take her hand on the pretext of reading her fortune.

Despite her protests, Xianzi said, Zhu groped her under her skirt before pulling her head and forcibly kissing her, only stopping when interrupted by knocking on the door.

CCTV did not respond to requests for comment.

Xianzi said she was moved to act after reading accounts of sexual assault and harassment posted on Chinese social media by women emboldened by the country’s fledgling #MeToo movement. In July, Xianzi, now a screenwriter, wrote about her own experience on WeChat, sharing it with a small circle of friends. When Xu, her friend, shared the post on Weibo, China’s Twitter-like service, it went viral.

On Tuesday, Xianzi returned to social media.

“Still a bit angry, this is Xianzi, hello everyone, I’m getting ready for a fight,” she wrote.