Your Voice: Forced marriages, sexual harassment and online hate are key concerns in today’s society

In March 2020, a Hong Kong woman from Pakistan was pressured through abuse by her family into marriage. In fear of further repercussions, the woman reluctantly agreed to a ceremony in Pakistan with her paternal cousin. She fled from her spouse two months later and returned to Hong Kong. Here, she filed a case to annul the marriage – RM v. AY.

The Hong Kong Dignity Institute (HKDI) and law firm Patricia Ho & Associates helped represent RM. Her situation is not uncommon for many women in the city, who have been confined to abusive marriages due to a lack of clarity on whether Hong Kong courts have jurisdiction over marriages outside the region. This legislative ambiguity has been criticised for its entrenchment of abuse and inequality within domestic relationships.

RM was successful in her case despite the complex legal procedures. The RM v. AY ruling has revolutionised the legal scene by creating clarity on what legal remedies exist to address forced marriages.

I learned about this case through an ambassadorship with HKDI, which offers legal and psychological assistance to marginalised populations. I spoke to Rebekka Fiedler-Chen, a 31-year-old casework research manager at HKDI, about the challenges regarding forced marriages.

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“This type of legal help is rare, even more rare than divorce help,” said Fiedler-Chen.

Finding a legal firm to represent your case is difficult, but paying the hefty legal fees is another barrier. Victims often cannot access funding sources like the Legal Aid Department or other pro bono opportunities.

Aside from legal barriers, victims can be further discouraged by the immense psychosocial pressure.

“‘Where am I going to stay if I divorce my husband”? That is one of the biggest questions that halts people,” explained Fiedler-Chen. Victims commonly face estrangement from their families and communities. Psychosocial pressures have prevented victims from continuing to pursue their cases in court. However, RM was lucky enough to be financially independent, find external accommodation, and receive stability from friends. “These factors compounded to make RM’s case successful compared to many others,” said Fiedler-Chen.

RM’s case has fostered momentum within ethnic minority and immigrant communities, who are relieved that Hong Kong courts can decide on the validity of a marriage in another country’s jurisdiction. The RM v. AY case has demonstrated the possibility of success for similar victims. While there is not yet a specifically codified offence on the record, there are existing legal arguments if they choose to come forward.

However, Fiedler-Chen believes that more can be done to spread awareness.

“So many women do not know that they are experiencing a forced marriage, which keeps them within cycles of abuse,” Fiedler-Chen said, stressing the need to promote awareness through schools, social workers, religious leaders, and publications. Additionally, reform is required among legal aid institutes to create greater access to forced marriage victims.

Lastly, Fiedler-Chen highlighted the need to outline a specific offence and take a more proactive approach to protecting people from being forcefully married.

“The big message is that it is possible but will require time, sacrifice, and commitment,” she said.

Andy Lee Seung-jae, Hong Kong International School

While South Korea boasts about its security, recent crimes reveal the inadequacies of the court system regarding the punishment of perpetrators of sexual assault. A recent BBC documentary about the Burning Sun case has raised awareness of South Korea’s weak policies. The documentary centres on Seungri, a former member of the K-pop group BigBang. He was accused of organising prostitutes for investors in his club, bribing police and filming pornographic videos that were shared over social media without consent. He was sentenced to three years imprisonment, which was reduced to 18 months based on his admission of guilt.

Despite the atrocities of the crimes, the South Korean legal system has been busy protecting the perpetrator’s rights. While the criminals are basking in leniency and flexibility, the victims and their families suffer.

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The Cho Doo-soon case is another well-known example that unmasks the face of the South Korean legal system. The criminal case involved an assault that took place in 2008. Kim Na-young, who was only eight years old at the time, was kidnapped and raped by Cho, and the incident damaged 80 per cent of the victim’s lower body.

What shocked the country was that Cho had already committed several crimes before, including murder and another rape. The shock did not end there. Despite his history and the cruelty of his crime, Cho was only sentenced to 12 years imprisonment, given that he was “unstable” as he was under the influence.

The leniency and inadequacy of the South Korean court system also jeopardises the safety of foreign women, who quickly become the target of sexual assault. They are often isolated, and the language barrier inhibits their communication. There are numerous cases of foreign women getting assaulted and being unable to report the case due to the lack of an established system and language barriers. Even after reporting the crime, the law’s leniency splashes cold water on the victims.

Take the case of Jennifer, who told her story in 2022 to The Korea Times. A male friend raped Jennifer, but when she realised that the perpetrator would only serve a few years in jail or get bail instantly, she did not bother reporting it.

The legal system breeds injustice, making the country dangerous for the vulnerable. Reporting assault feels hopeless because of a lack of former cases that brought justice to the victims. Cho has already served his sentence and is out in society, while his victim lives as a hermit. Jennifer has to face the unbearable trauma that she carries everywhere she goes.

South Korea’s laws provide too many opportunities for criminals in terms of bail and reducing sentences. In July 2020, Son Jong-woo, the man responsible for organising an international child sexual exploitation market, was only sentenced to 18 months in prison. That is equivalent to the jail time one South Korean man received after being convicted of stealing 18 eggs after starving for more than 10 days. The US government offered to take over Son’s case to attempt to put him behind bars for 15 years, but the South Korean court declined.

A 2020 survey conducted by market tracker Hankook Research revealed that 90 per cent of South Koreans believe that consequences must be harsher, especially for sex crimes. Furthermore, in an article published in the International Journal for Crime, Justice and Social Democracy, the author revealed how many South Korean women refrain from consuming alcohol at social events and rarely go out late at night as they are concerned about their security.

Hong Kong has similar issues. Under-reporting is prominent, with only five per cent of victims of sexual harassment filing formal legal complaints. Every decade, there are only 300 to 400 reports of sexual harassment in Hong Kong, and a significant contributing factor is the weakness in punishment, which scares victims and prevents them from speaking up. It’s time to consider victims’ rights instead of neglecting them.

Evelyn Li, Pui Kiu College

Women and those who identify as LGBTQ are more likely to experience malicious attacks and hateful remarks on social media than men. This is not only due to gender stereotypes but also the nature and flaws of these platforms.

Social media is trying to strengthen the regulation of sexist speech to address misogyny and hate crimes. This can be done using AI and natural language processing algorithms to identify and remove discriminatory content. In addition, social media platforms must enact more sophisticated and effective feedback mechanisms that enable victims to report and protest discriminatory content quickly.

Rise of gendered hate speech on social media

Society also needs to strengthen legal sanctions for sexist speech. This can be done by enacting and implementing laws and regulations to limit and punish discriminatory practices. At the same time, society also needs to strengthen gender and ideological education and promote gender equality in mainstream culture.

Creating a diverse and friendly social media environment allows underserved groups to express their voices and opinions better. We must encourage and support the participation and expression of women and LGBTQ individuals on social media.