Hong Kong, China — A 36-year-old foreign domestic employee in Hong Kong was on her method to toss out the rubbish when her Swedish company got back late one night in October 2022.
X, as she was understood in court to secure her identity, stated he seemed intoxicated.
Quickly he was requiring sex.
She stated she attempted to factor with him, declining his advances. He dragged her into his bed room and raped her, in spite of her duplicated calls to stop.
“He informed me he likewise desired my child. He likewise stated: ‘I’ll eliminate you, I’ll strike you,” X remembered, speaking through an interpreter at Hong Kong’s High Court in August.
“I was frightened and frozen with worry,” the domestic employee stated, worrying she had actually never ever granted having sexual relations with him.
Unlike other domestic employees in comparable circumstances, X chose to act. She vacated the household’s flat the next early morning and went to the cops in spite of being the sole income producer for her 4 kids and understanding she would lose her task and her home.
Almost 2 years on, a jury last month discovered X’s company guilty of one count of rape and one count of buggery without approval.
“I am grateful to God that I live and to the Hong Kong federal government that justice was served,” X informed Al Jazeera soon after the decision. “I am likewise really appreciative to the social employees and everybody who assisted me throughout this two-year-journey.”
X’s case is among the couple of effective rape prosecutions including a foreign domestic employee in Hong Kong, clarifying the obstacles dealt with by migrant females in protecting justice. Specialists state lots of victims do not push charges, however they hope X’s win might motivate other survivors to come forward.
“We can state this is a triumph not just for the victim however likewise for all domestic employees in Hong Kong and around the globe,” stated Sarah Pun, vice-chair of the Union of Nepalese Domestic employees in Hong Kong.
She kept in mind that X dealt with numerous obstacles in pursuing justice, consisting of injury, being apart from her household, and not having an earnings. “We take pride in the victim and her strength for having actually pursued this case till completion,” she included.
Dolores Balladares, chairwoman of United Filipinos in Hong Kong and spokesperson for the Asian Migrant Coordinating Body, concurred: “It is a favorable advancement due to the fact that justice is tough to get for domestic employees. The concern of evidence is constantly on our shoulders.”
Balladares notes it is especially tough to report a rape case, “as many individuals will blame the victim”.
X’s success happened a month after a domestic employee from the Philippines– understood in court treatments as CB– lost a civil claim of 1.06 million Hong Kong dollars ($135,982) versus her British company in the Chinese area for supposed sexual attacks. She has actually because lodged an appeal.
CB’s company, who at first represented himself, had actually been sentenced to 30 months in prison on 2 counts of indecent attack in 2021. He was later on acquitted of all charges after a retrial on procedural and technical premises, consisting of concerns connected to admission of proof.
A spokesperson for the Hong Kong Police informed Al Jazeera that from January 2019 to June this year, the force got 310 reports including companies of domestic employees, which 87 of those cases were connected to sexual assault.
According to the officer, 194 companies were apprehended for different offenses following examinations, however just 36 were prosecuted. 9 were condemned and sentenced to approximately 6 years in jail. The spokesperson did not reveal the variety of arrests or prosecutions particularly associated to rape and other kinds of sexual violence.
Terrified to come forward
Supporters stated that domestic employees from ethnic minority backgrounds, like X who is an Indian nationwide of Nepali origin, have actually been especially susceptible to abuse.
There were 363,576 migrant domestic employees in Hong Kong since completion of August. According to a spokesperson for the city’s Immigration Department, almost 56 percent came from the Philippines, followed by about 42 percent from Indonesia. The rest were from nations such as India and Thailand.
Manisha Wijesinghe, executive director of Hong Kong charity HELP for Domestic Workers, stated those in crisis normally turn very first to their peers. For those from smaller sized migrant neighborhoods, it can be difficult to discover other employees from the very same nation and even the NGOs might not be able to offer them with an instant reaction due to language barriers.
“These ladies absolutely deal with more issues, however lots of do not ever emerged,” Wijesinghe stated. “They invest their time in Hong Kong and ultimately leave. They are seldom able to connect for assistance.”
She stated that her organisation gets usually one case of sexual assault or harassment on a monthly basis.
Research study performed in 2019 by the Progressive Labour Union of Domestic Workers in Hong Kong revealed migrant domestic employees were at higher danger of exploitation since their work and living plans– where their earnings, food and lodging depend upon their two-year work agreement– develop a power imbalance.
The research study kept in mind that “couple of migrant domestic employees make use of the existing legal treatments offered in Hong Kong” to impose their rights, as they discover it “pricey” and “lengthy”.
A spokesperson for the Association Concerning Sexual Violence Against Women, which promotes gender equity in Hong Kong, stated that “some policies position foreign domestic employees in an especially susceptible position, particularly when they deal with sexual assault and are captured in the predicament of whether to report it.”
As an example, the guideline needing domestic employees to deal with their companies in Hong Kong can efficiently “obstruct victim-survivors from accessing medicolegal support.”
Those who break their agreements have actually been implicated of task hopping and numerous fear that can avoid them from getting future visas.
At the very same time, she stated, numerous domestic employees fret about needing to leave the city within 14 days of termination or conclusion of their agreements.
Some victims of sexual assault or harassment are likewise unwilling to come forward for cultural factors.
“There is still a preconception, they are so ashamed, they believe: ‘Who am I to bring something up in a location like this, where they look down on us?'” stated Cynthia Abdon-Tellez, who heads Mission for Migrant Workers, a group that offers assistance services for migrant employees in Hong Kong.
She included that it was “uncommon” for a migrant employee like X to supply testament in court in a sexual assault case.
‘Often stuck in limbo’
Wijesinghe concurred that the majority of domestic employees discover the legal system frightening.
She countered claims that domestic employees submit abuse cases for monetary gain. “There are a lot easier methods of getting a fast payment,” stated the previous paralegal, keeping in mind that victims frequently require to relive their injury numerous times, go through medical examinations, and face interrogation in open court.
“The victim is stuck in limbo. Some cases take years. It’s not like they point a finger and relax awaiting justice. There is a lot that the victim requires to go through,” Wijesinghe stated.
The length of the reporting treatments and the failure to offer their households leads some to desert their cases.
Even when they go through the legal system, experts stated the domestic employees’ distinct scenarios can be overlooked.
“We have actually observed that predispositions and discrimination might develop in the justice system,” the spokesperson for the Association Concerning Sexual Violence Against Women stated. She included that “authorities and experts often dismiss or minimize claims without totally valuing the context and structural injustice dealt with by [these workers].
Chloe Martin, program supervisor at Stop Trafficking of People (STOP)– an organisation concentrated on ending the practice in Hong Kong– stated she found out of X’s decision with “fantastic relief”, however kept in mind that more requirements to be done when it pertains to keeping survivors notified throughout legal procedures and supporting them after judgments are made.
X initially found out about the choice through the support system and not through authorities channels.
“Moving forward, we prompt the justice system to execute robust victim notice procedures,” Martin stated. “Providing them with prompt updates is a vital part of trauma-informed, victim-centred practices that need to be the requirement.”
Balladares stated she hoped X’s case might motivate other employees to come forward. “We can state that there is hope, even if it’s difficult and embarrassing.”
Pun likewise contacted fellow domestic employees to look for aid. “There are numerous organisations that can support us,” she stated. “Silencing ourselves implies offering more opportunities to sex predators and bad companies.”
Searching for a brand-new life
X is still stunned by her experience.
“I was extremely delighted before I came [to Hong Kong],” she remembered in a special interview with Al Jazeera. “I believed I was going to make enough to assist my household, however I practically passed away and there has actually been a lot difficulty.”
X stated she had actually never ever anticipated to be associated with a lawsuit. “It hurt. Difficult [to deal with] Numerous concerns,” stated the domestic employee, who was questioned by the prosecution and the defence attorney for 3 days. Her statement was provided from a closed courtroom through a videolink, keeping her out of sight of the general public and the media.
X ended up being psychological while stating parts of the rape in court, however discovered it “most challenging to hear the defence’s lies”.
Throughout the eight-day trial, the company, whose better half and 3 kids had actually left for Japan, rejected that he required himself on her. Rather, he declared they had consensual sex which the domestic employee had actually started it– not simply that a person time, however likewise two times in the past.
Patrik Tobias Ekstrom, a Hong Kong-based business person 2 years more youthful than X, affirmed that throughout those declared sexual encounters, and on other events inside the home, she kept requesting for monetary support to settle a loan in her home nation.
He is anticipated to be sentenced on November 11 and is dealing with a life term.
In spite of winning the case, X stated her experience was not over. She has actually been not able to work because leaving her previous company’s home and has actually primarily counted on charity to get her through the court procedure.
She is likewise worried about the response of a few of her loved ones. “How am going to face my bro and my male cousin?” X informed Al Jazeera.
The migrant lady stated she prepares to return home for a brief time after the sentence and after that work for another household in Hong Kong.
“I had an extremely disappointment, however I believe Hong Kong is a great location,” she stated.
X advised employees who might be dealing with comparable concerns to got to the cops.
Her experience has likewise triggered her to talk with her children about sexual assault and harassment. “I inform them not to keep peaceful … Speak up and take on the problem the proper way.”