Rising awareness helps break code of silence
Online discussions about sexual misconduct have increased in China, with allegations surfacing against some prominent men from media, academic, charity, religious and corporate circles during the past few weeks.
At least one case is now part of a broader Chinese police investigation.
The government has included a provision on sexual harassment in the workplace in a civil code draft that was presented to the National People's Congress Standing Committee last week, according to Xinhua News Agency. The draft guideline asks employers to take steps to prevent harassment and heed complaints.
China Daily's recent interviews with 12 people－university students, a teacher, a social worker and a lawyer, who live in Beijing, elsewhere on the Chinese mainland, and the United States－indicate a rising awareness in China of sexual harassment, abuse and assault, aided by an engaged social media.
All six female students interviewed said they had faced some form of sexual harassment. One alleged she had been assaulted by an older male relative.
The social worker and lawyer called for stronger legal measures to combat sexual harassment.
While rape cases are prosecuted under the Criminal Law, harassment is often viewed through the prism of administrative regulations, mainly related to labor disputes.
The three male students interviewed said young men in China seem to have a better grasp of gender equality than men from earlier generations.
All interviewees were unanimous that sexual misconduct is ultimately about power structures－whether on university campuses or in the workplace.
Legal question
In July, the Beijing Qianqian Law Firm witnessed a rise in the number of women seeking advice on sexual harassment. Set up in 1995, it has handled an average of 10 sexual assault and harassment cases a year, with most related to rape.
Lyu Xiaoquan, its executive director, said female university students and women from research institutions have visited the firm recently, saying they have faced harassment.
He said the firm, which also provides a pro bono service, counsels victims on how to proceed with harassment cases step-by-step.
But the task has not been easy, because unlike rape, which falls under the Criminal Law, and has prison sentences ranging from three to 10 years and sometimes beyond, depending on the severity of the crime, sexual harassment is not governed by a stand-alone law.
Lyu pointed to the special administrative regulations for the protection of female workers and the Women's Rights Protection Act as two documents that refer to harassment.
The special regulations, which took effect in 2012 and were formulated by the State Council, China's Cabinet, stipulate that organizations "shall prevent sexual harassment of female workers", and the women's act of 2005 states that women can report harassment to "relevant institutions".
"Apart from labor arbitration, 'loss of dignity' is the other ground for filing cases related to sexual harassment," Lyu said.
"We want a separate law for sexual harassment, but before that, we need to settle questions such as 'What is the definition of sexual harassment?' and 'What purpose would such a law serve?'" he added.
Li Dan, a women's rights campaigner and director of a nongovernmental organization in Beijing, favors more legal clarity on the subject of sexual harassment and publicity surrounding it.
Citing the example of the Anti-Domestic Violence Law, which took effect in 2015, he said many survivors and some police stations still do not know about it.
"Even if the victims want help, few know what to do," Li said.
Apart from students, female factory workers are very vulnerable to sexual harassment, according to earlier surveys by labor organizations in Guangdong province.
After allegations of sexual misconduct were made in the past three months or so against relatively high-profile individuals－who have denied any wrongdoing－online discussions on the topic have escalated. Even so, such discussions are largely confined to the media, students and activists, Li said.
According to Sina Weibo user "Bu Lang Fen Zi", sexual harassment ought to be included in a legal framework, and the opportunity provided by the discussions should be used to promote legislative enforcement, otherwise, the bravery of those who experience it will not bear fruit.
