Hong Kong, China – A 36-year-old overseas home employee in Hong Kong was on her method to throw out the garbage when her Swedish employer arrived dwelling late one night time in October 2022.
X, as she was recognized in courtroom to guard her id, stated he seemed to be drunk.
Quickly he was demanding intercourse.
She stated she tried to cause with him, rejecting his advances. However he dragged her into his bed room and raped her, regardless of her repeated calls to cease.
“He informed me he additionally needed my daughter. He additionally stated: ‘I’ll kill you, I’ll hit you,” X recalled, talking by way of an interpreter at Hong Kong’s Excessive Court docket in August.
“I used to be terrified and frozen with concern,” the home employee stated, stressing she had by no means consented to having sexual relations with him.
In contrast to different domestic workers in comparable conditions, X determined to behave. She moved out of the household’s flat the following morning and went to the police regardless of being the only real breadwinner for her 4 youngsters and realizing she would lose her job and her dwelling.
Practically two years on, a jury final month discovered X’s employer responsible of 1 rely of rape and one rely of buggery with out consent.
“I’m grateful to God that I’m alive and to the Hong Kong authorities that justice was served,” X informed Al Jazeera shortly after the decision. “I’m additionally very grateful to the social staff and everybody who helped me throughout this two-year-journey.”
X’s case is among the few profitable rape prosecutions involving a overseas home employee in Hong Kong, shedding gentle on the challenges confronted by migrant girls in securing justice. Consultants say many victims don’t press fees, however they hope X’s win could encourage different survivors to return ahead.
“We will say this can be a victory not just for the sufferer but in addition for all home staff in Hong Kong and world wide,” stated Sarah Pun, vice-chair of the Union of Nepalese Home staff in Hong Kong.
She famous that X confronted many challenges in pursuing justice, together with trauma, being other than her household, and never having an revenue. “We’re happy with the sufferer and her energy for having pursued this case till the tip,” she added.
Dolores Balladares, chairwoman of United Filipinos in Hong Kong and spokeswoman for the Asian Migrant Coordinating Physique, agreed: “It’s a constructive growth as a result of justice is tough to get for home staff. The burden of proof is all the time on our shoulders.”
Balladares notes it’s notably troublesome to report a rape case, “as many individuals will blame the sufferer”.
X’s victory got here a couple of month after a home employee from the Philippines – recognized in courtroom procedures as CB – misplaced a civil declare of 1.06 million Hong Kong {dollars} ($135,982) in opposition to her British employer within the Chinese language territory for alleged sexual assaults. She has since lodged an attraction.
CB’s employer, who initially represented himself, had been sentenced to 30 months in jail on two counts of indecent assault in 2021. He was later acquitted of all fees after a retrial on procedural and technical grounds, together with points associated to admission of proof.
Scared to return ahead
There have been 363,576 migrant home staff in Hong Kong as of the tip of August. In line with a spokesman for town’s Immigration Division, practically 56 % hailed from the Philippines, adopted by about 42 % from Indonesia. The remaining had been from nations akin to India and Thailand.
Advocates stated that home staff from ethnic minority backgrounds, like X who’s an Indian nationwide of Nepali origin, have been notably weak to abuse.
Manisha Wijesinghe, government director of Hong Kong charity HELP for Home Employees, stated these in disaster often flip first to their friends. However for these from smaller migrant communities, it may be laborious to seek out different staff from the identical nation and even the NGOs could not have the ability to present them with an instantaneous response attributable to language obstacles.
“These girls positively face extra issues, however many don’t ever come to gentle,” Wijesinghe stated. “They spend their time in Hong Kong and ultimately depart. They’re not often capable of attain out for assist.”
She stated that her organisation receives on common one case of sexual abuse or harassment each month.
Analysis performed in 2019 by the Progressive Labour Union of Home Employees in Hong Kong confirmed migrant home staff had been at larger danger of exploitation as a result of their employment and dwelling preparations – the place their revenue, meals and lodging rely on their two-year work contract – create an influence imbalance.
The examine famous that “few migrant home staff utilise the present authorized cures out there in Hong Kong” to implement their rights, as they discover it “costly” and “time-consuming”.
A spokeswoman for the Affiliation Regarding Sexual Violence In opposition to Ladies, which promotes gender fairness in Hong Kong, stated that “some insurance policies place overseas home staff in a very weak place, particularly once they face sexual abuse and are caught within the dilemma of whether or not or to not report it.”
For instance, the rule requiring home staff to stay with their employers in Hong Kong can successfully “block victim-survivors from accessing medicolegal help.”
Those that break their contracts have been accused of job hopping and lots of concern that may stop them from getting future visas.
On the identical time, she stated, many home staff fear about having to go away town inside 14 days of termination or completion of their contracts.
Some victims of sexual abuse or harassment are additionally reluctant to return ahead for cultural causes.
“There may be nonetheless a stigma, they’re so embarrassed, they suppose: ‘Who am I to carry one thing up in a spot like this, the place they give the impression of being down on us?’” stated Cynthia Abdon-Tellez, who heads Mission for Migrant Employees, a bunch that gives assist companies for migrant staff in Hong Kong.
She added that it was “uncommon” for a migrant employee like X to offer testimony in courtroom in a sexual abuse case.
‘Usually caught in limbo’
Wijesinghe agreed that the majority home staff discover the authorized system intimidating.
She countered claims that home staff file abuse circumstances for monetary acquire. “There are a lot simpler methods of getting a fast payout,” stated the previous paralegal, noting that victims typically have to relive their trauma a number of occasions, endure medical exams, and face cross-examination in open courtroom.
“The sufferer is caught in limbo. Some circumstances take years. It’s not like they level a finger and sit again ready for justice. There’s a lot that the sufferer must undergo,” Wijesinghe stated.
The size of the reporting procedures and the shortcoming to offer for his or her households leads some to desert their circumstances.
However even once they undergo the authorized system, analysts stated the home staff’ distinctive circumstances may be ignored.
“Now we have noticed that biases and discrimination could come up within the justice system,” the spokeswoman for the Affiliation Regarding Sexual Violence In opposition to Ladies stated. She added that “authorities and professionals generally dismiss or downplay claims with out absolutely appreciating the context and structural oppression confronted by [these workers]”.
Chloe Martin, programme supervisor at Cease Trafficking of Individuals (STOP) – an organisation targeted on ending the apply in Hong Kong – stated she discovered of X’s verdict with “nice reduction”, however famous that extra must be finished relating to holding survivors knowledgeable throughout authorized proceedings and supporting them after rulings are made.
X first heard in regards to the determination by the assist group and never by way of official channels.
“Shifting ahead, we urge the justice system to implement sturdy sufferer notification protocols,” Martin stated. “Offering them with well timed updates is a important part of trauma-informed, victim-centred practices that must be the usual.”
Balladares stated she hoped X’s case might encourage different staff to return ahead. “We will say that there’s hope, even when it’s laborious and humiliating.”
Pun additionally referred to as on fellow home staff to hunt assist. “There are a lot of organisations that may assist us,” she stated. “Silencing ourselves means giving extra possibilities to intercourse predators and unhealthy employers.”
Trying to find a brand new life
X remains to be shocked by her expertise.
“I used to be very completely happy earlier than I got here [to Hong Kong],” she recalled in an unique interview with Al Jazeera. “I assumed I used to be going to earn sufficient to assist my household, however I nearly died and there was a lot bother.”
X stated she had by no means anticipated to be concerned in a courtroom case. “It was painful. Not straightforward [to deal with] so many questions,” stated the home employee, who was questioned by the prosecution and the defence lawyer for 3 days. Her testimony was delivered from a closed courtroom by a videolink, holding her out of sight of the general public and the media.
X grew to become emotional whereas recounting components of the rape in courtroom, however discovered it “most troublesome to listen to the defence’s lies”.
Through the eight-day trial, the employer, whose spouse and three youngsters had left for Japan, denied that he compelled himself on her. As a substitute, he claimed that they had consensual intercourse and that the home employee had initiated it – not simply that one time, but in addition twice earlier than.
Patrik Tobias Ekstrom, a Hong Kong-based businessman two years youthful than X, testified that in these alleged sexual encounters, and on different events inside the house, she saved asking for monetary help to repay a mortgage in her dwelling nation.
He’s anticipated to be sentenced on November 11 and is going through a life time period.
Regardless of profitable the case, X stated her ordeal was not over. She has been unable to work since leaving her former employer’s dwelling and has principally relied on charity to get her by the courtroom course of.
She can 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 informed Al Jazeera.
The migrant lady stated she plans to return dwelling for a short while after the sentence after which work for an additional household in Hong Kong.
“I had a really unhealthy expertise, however I feel Hong Kong is an efficient place,” she stated.
X urged staff who could also be going through comparable points to acquired to the police.
Her expertise has additionally prompted her to speak to her daughters about sexual abuse and harassment. “I inform them to not hold quiet … Converse up and sort out the problem the proper method.”