Sexual harassment is a growing social problem in China. Experts
point out that the sexual harassment of women is directly related
to the country's social and cultural structures. The rising number
of cases shows that women still occupy a lower position in society,
and are therefore more vulnerable to exploitation and bullying by
men.??
A considerable number of women have been sexually harassed at
some point and to varying degrees, from emotional trauma to
personal injury. Typical emotional responses observed of victims
include anger, fear, anxiety, low self-esteem, guilt, depression,
embarrassment, humiliation, fatigue, nausea, headache, and weight
gain or loss. One or a combination of these reactions can and do
adversely affect victims' personal lives and work.
According to Wu Changzhen, a professor with
China University of Political
Science and Law, sexual harassment incidents often occur in
spring and summer when women are less covered up. Further, in the
warmer months, people tend to do more outdoor activities. Some men
will therefore prey on women during this time and try to make
physical contact with them.
Harassment can take different forms, from unnecessary touching
or rubbing to blatant demands for sexual favors. Crowded buses,
subway trains and markets are obvious places where physical
harassment typically occurs. But, the workplace is also fertile
ground for sexual harassment.
Twenty-six-year-old Liu Shasha is a saleswoman with an insurance
company. She recalls an incident where she was asked to submit a
work report. While she was in her boss's office submitting her
report, he forced himself on her by hugging her. Humiliated, she
left his office in tears.
Women aged between 15 and 30 are prime targets of sexual
harassment. In the case of career women, offenders typically abuse
their authority of office, combining threats of discharge or
defamation with inducements of promotions and pay rises, in a bid
to force female subordinates to submit to their advances.
Working environments have become increasingly unsafe for women,
and this is contributing to a worsening social problem in the
country.
More often than not, victims suffer in silence, either because
they choose to or because there is no avenue of legal redress. The
existing laws in China do not clearly define the differences
between sexual harassment and sexual crimes. There is therefore no
provision that explicitly states what sexual harassment is and when
an act of harassment amounts to a crime.
In addition, evidence is generally difficult to gather in sexual
harassment cases. Moreover, there is a prevailing prejudice that
points the finger at the woman in the sense that it was she who
encouraged the harassment. These obstacles have made it
tremendously hard for women to safeguard their legal rights and
interests.
Wang Fengxiang, a lawyer with Zhengyida Law Firm in northwest
China's Ningxia
Hui Autonomous Region, said that although the number of sexual
harassment incidents has risen consistently over the years, very
few women have initiated legal proceedings against their
offenders.
According to Wang, even if victims have been able to gather
sufficient evidence against their offenders, whether through audio
or video footage recorded secretly, such evidence has been deemed
against legal procedure and thrown out of court.
Now, however, there might be hope for victims on the horizon.
Sexual harassment has been included in the revised draft of the Law
on the Protection of Women's Rights and Interests. The draft, which
will be submitted this June to the Standing Committee of the
National People's Congress for examination and approval, proposes
that those who sexually harass women, and if their behavior amounts
to a violation of the law, will bear criminal responsibility.
Offenders who are found not to have broken the law will be liable
to administrative sanction by the public security agency. Further,
offenders whose actions cause their victims to suffer emotional or
physical damage will bear civil liability.
Wang suggests that the revised law should also specify the
burden of proof in sexual harassment cases. He said that both the
victim and accused offender should share the burden. Accused
offenders ought to be made to produce evidence proving their
innocence.
(China.org.cn by Shao Da, May 19, 2005)
