Editorial | More can be done to support witnesses in Hong Kong sexual offence cases
- Automatic right to screens in Hong Kong courts that spare complainants from having to face the accused would encourage victims of crime to come forward, and enhance justice
Giving evidence in court is an ordeal for most witnesses. But for complainants in sex crimes, the experience can be traumatic.
Testifying usually involves attending court, publicly describing harrowing events and facing probing questions from a defence lawyer. For many, it feels as if they are reliving the assault.
There is a need to ensure complainants in such cases receive sufficient support. Otherwise, they will be deterred from reporting such crimes.
The issue is attracting attention again as a result of a recent case at West Kowloon Court. A magistrate revoked a successful application by the prosecution for a woman who accused a football coach of sexually assaulting her to be shielded by a screen while giving her evidence. The coach was eventually acquitted.
Screens have, for decades, been available for sex-offence complainants and other vulnerable witnesses, sparing them the need to face their alleged assailant across the courtroom.
The aim is to make witnesses feel comfortable enough to give evidence. Children, witnesses with mental illness and those who are in fear have, since 1995, also had the option of applying to testify by video link, rather than sit in the courtroom. This was later extended to complainants in cases involving certain sex offences.