Hong Kong, China – A 36-year-old international home associate in Hong Kong used to be on her technique to throw away the garbage when her Swedish employer arrived house overdue one night time in October 2022.
X, as she used to be recognized in court docket to give protection to her id, stated he gave the look to be under the influence of alcohol.
Quickly he used to be tough intercourse.
She stated she attempted to reason why with him, rejecting his advances. However he dragged her into his bed room and raped her, regardless of her repeated shouts to cancel.
“He told me he also wanted my daughter. He also said: ‘I’ll kill you, I’ll hit you,” X recalled, talking by the use of an interpreter at Hong Kong’s Top Courtroom in August.
“I was terrified and frozen with fear,” the home associate stated, stressing she had by no means consented to having sexual family members with him.
In contrast to alternative home staff in matching statuses, X made up our minds to behave. She moved out of the community’s flat the then morning and was at the police regardless of being the only breadwinner for her 4 kids and understanding she would lose her process and her house.
Just about two years on, a jury latter presen discovered X’s employer in charge of 1 rely of rape and one rely of buggery with out consent.
“I am grateful to God that I am alive and to the Hong Kong government that justice was served,” X advised Al Jazeera in a while nearest the decision. “I am also very thankful to the social workers and everyone who helped me during this two-year-journey.”
X’s case is among the few a success rape prosecutions involving a international home associate in Hong Kong, dropping brightness at the demanding situations confronted by way of migrant girls in securing justice. Mavens say many sufferers don’t press fees, however they hope X’s win would possibly inspire alternative survivors to come back ahead.
“We can say this is a victory not only for the victim but also for all domestic workers in Hong Kong and around the world,” stated Sarah Pun, vice-chair of the Union of Nepalese Home staff in Hong Kong.
She famous that X confronted many demanding situations in pursuing justice, together with shock, being except for her community, and now not having an source of revenue. “We are proud of the victim and her strength for having pursued this case until the end,” she added.
Dolores Balladares, chairwoman of United Filipinos in Hong Kong and spokeswoman for the Asian Migrant Coordinating Frame, affirmative: “It is a positive development because justice is hard to get for domestic workers. The burden of proof is always on our shoulders.”
Balladares notes it’s specifically tough to record a rape case, “as many people will blame the victim”.
X’s victory got here a couple of presen nearest a home associate from the Philippines – recognized in court docket procedures as CB – misplaced a civil declare of one.06 million Hong Kong greenbacks ($135,982) towards her British employer within the Chinese language area for alleged sexual attacks. She has since lodged an attraction.
CB’s employer, who to start with represented himself, were sentenced to 30 months in prison on two counts of indecent attack in 2021. He used to be next acquitted of all fees nearest a retrial on procedural and technical areas, together with problems matching to admission of proof.
Scared to come back ahead
There have been 363,576 migrant home staff in Hong Kong as of the top of August. In line with a spokesman for town’s Immigration Area, just about 56 % hailed from the Philippines, adopted by way of about 42 % from Indonesia. The extra had been from nations reminiscent of Bharat and Thailand.
Advocates stated that home staff from ethnic minority backgrounds, like X who’s an Indian nationwide of Nepali beginning, had been specifically liable to abuse.
Manisha Wijesinghe, govt director of Hong Kong capitaltreasury HELP for Home Staff, stated the ones in catastrophe in most cases flip first to their friends. However for the ones from smaller migrant communities, it may be sun-baked to search out alternative staff from the similar nation or even the NGOs won’t be capable to serve them with an instantaneous reaction because of language limitations.
“These women definitely face more problems, but many don’t ever come to light,” Wijesinghe stated. “They spend their time in Hong Kong and eventually leave. They are rarely able to reach out for support.”
She stated that her organisation receives on reasonable one case of sexual abuse or harassment each and every presen.
Analysis performed in 2019 by way of the Enthusiastic Labour Union of Home Staff in Hong Kong confirmed migrant home staff had been at better chance of exploitation as a result of their business and dwelling preparations – the place their source of revenue, meals and lodging rely on their two-year paintings commitment – assemble an influence imbalance.
The find out about famous that “few migrant domestic workers utilise the existing legal remedies available in Hong Kong” to implement their rights, as they in finding it “expensive” and “time-consuming”.
A spokeswoman for the Affiliation Relating to Sexual Violence In opposition to Ladies, which promotes gender fairness in Hong Kong, stated that “some policies place foreign domestic workers in a particularly vulnerable position, especially when they face sexual abuse and are caught in the dilemma of whether or not to report it.”
An illustration, the rule of thumb requiring home staff to reside with their employers in Hong Kong can successfully “block victim-survivors from accessing medicolegal assistance.”
Those that crack their assurances had been accused of process hopping and plenty of worry that may ban them from getting year visas.
On the similar pace, she stated, many home staff fear about having to loose town inside of 14 days of termination or final touch in their assurances.
Some sufferers of sexual abuse or harassment also are unenthusiastic to come back ahead for cultural causes.
“There is still a stigma, they are so embarrassed, they think: ‘Who am I to bring something up in a place like this, where they look down on us?’” stated Cynthia Abdon-Tellez, who heads Venture for Migrant Staff, a gaggle that gives aid services and products for migrant staff in Hong Kong.
She added that it used to be “rare” for a migrant associate like X to serve testimony in court docket in a sexual abuse case.
‘Often stuck in limbo’
Wijesinghe affirmative that the majority home staff in finding the felony gadget intimidating.
She countered claims that home staff report abuse instances for monetary achieve. “There are much easier ways of getting a quick payout,” stated the previous paralegal, noting that sufferers ceaselessly wish to relive their shock a couple of instances, go through clinical assessments, and face cross-examination in observable court docket.
“The victim is stuck in limbo. Some cases take years. It’s not like they point a finger and sit back waiting for justice. There is a lot that the victim needs to go through,” Wijesinghe stated.
The dimension of the reporting procedures and the lack to serve for his or her households leads some to leave their instances.
However even if they advance throughout the felony gadget, analysts stated the home staff’ distinctive cases can also be omitted.
“We have observed that biases and discrimination may arise in the justice system,” the spokeswoman for the Affiliation Relating to Sexual Violence In opposition to Ladies stated. She added that “authorities and professionals sometimes dismiss or downplay claims without fully appreciating the context and structural oppression faced by [these workers]”.
Chloe Martin, programme supervisor at Prohibit Trafficking of Nation (STOP) – an organisation keen on finishing the observe in Hong Kong – stated she realized of X’s verdict with “great relief”, however famous that extra must be performed in the case of protecting survivors knowledgeable all through felony complaints and supporting them nearest rulings are made.
X first heard in regards to the choice throughout the aid team and now not by the use of reliable channels.
“Moving forward, we urge the justice system to implement robust victim notification protocols,” Martin stated. “Providing them with timely updates is a critical component of trauma-informed, victim-centred practices that should be the standard.”
Balladares stated she was hoping X’s case may inspire alternative staff to come back ahead. “We can say that there is hope, even if it’s hard and humiliating.”
Pun often known as on fellow home staff to hunt backup. “There are many organisations that can support us,” she stated. “Silencing ourselves means giving more chances to sex predators and bad employers.”
On the lookout for a pristine date
X remains to be stunned by way of her enjoy.
“I was very happy before I came [to Hong Kong],” she recalled in an unique interview with Al Jazeera. “I thought I was going to earn enough to help my family, but I almost died and there has been so much trouble.”
X stated she had by no means anticipated to be occupied with a court docket case. “It was painful. Not easy [to deal with] so many questions,” stated the home associate, who used to be wondered by way of the prosecution and the defence legal professional for 3 days. Her testimony used to be delivered from a closed court docket thru a videolink, protecting her out of visual of the family and the media.
X was emotional age recounting portions of the rape in court docket, however discovered it “most difficult to hear the defence’s lies”.
Throughout the eight-day trial, the employer, whose spouse and 3 kids had left for Japan, denied that he pressured himself on her. In lieu, he claimed they’d consensual intercourse and that the home associate had initiated it – now not simply that one pace, but additionally two times earlier than.
Patrik Tobias Ekstrom, a Hong Kong-based businessman two years more youthful than X, testified that all through the ones alleged sexual encounters, and on alternative events inside of the house, she saved inquiring for monetary aid to repay a mortgage in her house nation.
He’s anticipated to be sentenced on November 11 and is going through a date time period.
In spite of profitable the case, X stated her ordeal used to be now not over. She has been not able to paintings since escape her former employer’s house and has most commonly trusted capitaltreasury to get her throughout the court docket procedure.
She could also be involved in regards to the response of a few of her kinfolk. “How am going to face my brother and my male cousin?” X advised Al Jazeera.
The migrant lady stated she plans to go back house for a scale down pace nearest the sentence and upcoming paintings for any other community in Hong Kong.
“I had a very bad experience, but I think Hong Kong is a good place,” she stated.
X advised staff who could also be going through matching problems to were given to the police.
Her enjoy has additionally brought on her to speak to her daughters about sexual abuse and harassment. “I tell them not to keep quiet … Speak up and tackle the issue the right way.”