The Women's Foundation Response to the Sentencing and Related Matters in the Review of Sexual Offences Public Consultation

In February 2021, The Women's Foundation submitted a response to the Hong Kong Law Reform Commission regarding Sentencing and Related Matters in the Review of Sexual Offences Public Consultation. 

Our recommendations to strengthen the existing proposals are summarised below and noted in full in the attached:

  • ‘Children under 13’ and ‘children under 16’ should be reclassified simply as ‘children under 16’ with the higher maximum penalties adopted
  • The exploration of mandatory minimum sentencing for sexual offences 
  • The Sexual Conviction Record Check Scheme (SCRC) should be extended to cover existing employees, self-employed persons and volunteers as well as cover interns, trainees, temporary / contract workers, and other relevant individuals
  • To better protect vulnerable groups including women, children and those with mental impairments, the SCRC Scheme should be made mandatory
  • All spent convictions in relation to sexual offences be disclosed as part of the SCRC
  • The introduction of specific sexual offences relating to children between the ages of 16 and 17 where the situation involves a position of care and trust