Hong Kong’s move to reform sexual offence laws is long overdue

The aim is to align the laws with changes in society, also reflecting advances in technology. It is about ensuring justice for survivors of sexual assault, including children and other vulnerable people. Victims often feel the system has failed them. Narrowly defined crimes and loopholes allow culprits to go unpunished. Many survivors do not even report the crime to the police. The reforms, while continuing to ensure fair trials, must provide victims with greater confidence in the legal process.

The proposals establish core principles. Outdated distinctions based on gender or sexual orientation will be removed. A uniform age of consent is to be established at 16. This will provide clarity and make the law fairer.

The current narrow definition of rape will be broadened, covering men and women, same-sex assaults and more sexual acts. One key proposal is the introduction of a statutory definition of consent. This will not only make the application of the law more consistent, but will help ensure offenders are held responsible for their actions. Consent must be given freely and voluntarily and can be withdrawn at any time. It will not apply if the victim lacked the capacity to give it and consent to one act will not imply agreement to another.

Sexual abuse cases against children under 17 surged 20 per cent last year, compared with 2024. Eight new crimes involving minors under 16 have been proposed. The introduction of a grooming offence, in which an offender communicates with a child, often through digital means, with the intention to meet and sexually abuse them, has long been needed. Britain passed such a law in 2003.

During the consultation process, the government should be receptive to feedback and prepared to make further amendments. The opportunity must not be missed. Technology is developing constantly, especially with the advent of artificial intelligence. The law must keep pace with the changes.