Hong Kong survivors warn of consent loophole in sex crime reforms

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Hong- Kong: Sexual abuse survivors and advocacy groups in Hong Kong have warned that proposed amendments to the city's sexual offence legislation still create a substantial loophole that may allow offenders to avoid prosecution by claiming they genuinely, but mistakenly believed the complainant had consented.

The groups commended efforts to update outdated legislation by creating a clearer legal definition of consent and requiring suspects to take reasonable precautions to verify consent was obtained. However, they argue that the amendments do not go far enough because the long-standing ‘honest but mistaken belief’ defence is still accessible in many cases.

Advocates are asking the government to clarify what constitutes ‘reasonable steps’ to prove permission, arguing that the existing language places too much emphasis on a defendant's asserted belief rather than the survivor's experience. They also demand more protection for victims throughout investigations and legal proceedings.

The plans are part of Hong Kong's biggest reform of sexual crime laws in decades, after recommendations from the Law Reform Commission. The government is talking with the public before submitting legislation before the Legislative Council.