Hong Kong, China – A 36-year-old overseas home employee in Hong Kong was on her approach to throw out the garbage when her Swedish employer arrived residence late one evening in October 2022.
X, as she was identified in court docket to guard her identification, mentioned he gave the impression to be drunk.
Quickly he was demanding intercourse.
She mentioned 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 advised me he additionally needed my daughter. He additionally mentioned: ‘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 mentioned, 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 subsequent morning and went to the police regardless of being the only real breadwinner for her 4 youngsters and understanding she would lose her job and her residence.
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 advised Al Jazeera shortly after the decision. “I’m additionally very grateful to the social employees and everybody who helped me throughout this two-year-journey.”
X’s case is likely one of the few profitable rape prosecutions involving a overseas home employee in Hong Kong, shedding mild on the challenges confronted by migrant girls in securing justice. Specialists say many victims don’t press fees, however they hope X’s win could encourage different survivors to come back ahead.
“We will say this can be a victory not just for the sufferer but in addition for all home employees in Hong Kong and world wide,” mentioned Sarah Pun, vice-chair of the Union of Nepalese Home employees in Hong Kong.
She famous that X confronted many challenges in pursuing justice, together with trauma, being aside from her household, and never having an revenue. “We’re happy with the sufferer and her power 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 optimistic growth as a result of justice is difficult to get for home employees. The burden of proof is at all times on our shoulders.”
Balladares notes it’s significantly 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 – identified in court docket procedures as CB – misplaced a civil declare of 1.06 million Hong Kong {dollars} ($135,982) towards her British employer within the Chinese language territory for alleged sexual assaults. She has since lodged an enchantment.
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.
A spokeswoman for the Hong Kong Police advised Al Jazeera that from January 2019 to June this yr, the pressure acquired 310 stories involving employers of home employees, and that 87 of these instances had been associated to sexual abuse.
In keeping with the officer, 194 employers had been arrested for numerous offences following investigations, however solely 36 had been prosecuted. 9 had been discovered responsible and sentenced to as much as six years in jail. The spokeswoman didn’t disclose the variety of arrests or prosecutions particularly associated to rape and different types of sexual violence.
Scared to come back ahead
Advocates mentioned that home employees from ethnic minority backgrounds, like X who’s an Indian nationwide of Nepali origin, have been significantly susceptible to abuse.
There have been 363,576 migrant home employees in Hong Kong as of the tip of August. In keeping 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 international locations reminiscent of India and Thailand.
Manisha Wijesinghe, government director of Hong Kong charity HELP for Home Staff, mentioned these in disaster normally flip first to their friends. However for these from smaller migrant communities, it may be arduous to seek out different employees from the identical nation and even the NGOs could not be capable of present them with a direct response attributable to language boundaries.
“These girls undoubtedly face extra issues, however many don’t ever come to mild,” Wijesinghe mentioned. “They spend their time in Hong Kong and finally go away. They’re hardly ever in a position to attain out for help.”
She mentioned that her organisation receives on common one case of sexual abuse or harassment each month.
Analysis carried out in 2019 by the Progressive Labour Union of Home Staff in Hong Kong confirmed migrant home employees had been at higher danger of exploitation as a result of their employment and dwelling preparations – the place their revenue, meals and lodging depend upon their two-year work contract – create an influence imbalance.
The research famous that “few migrant home employees 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 Towards Ladies, which promotes gender fairness in Hong Kong, mentioned that “some insurance policies place overseas home employees in a very susceptible place, particularly once they face sexual abuse and are caught within the dilemma of whether or not or to not report it.”
For example, the rule requiring home employees 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 forestall them from getting future visas.
On the identical time, she mentioned, many home employees fear about having to depart town inside 14 days of termination or completion of their contracts.
Some victims of sexual abuse or harassment are additionally reluctant to come back ahead for cultural causes.
“There’s nonetheless a stigma, they’re so embarrassed, they suppose: ‘Who am I to deliver one thing up in a spot like this, the place they give the impression of being down on us?’” mentioned Cynthia Abdon-Tellez, who heads Mission for Migrant Staff, a bunch that gives help companies for migrant employees in Hong Kong.
She added that it was “uncommon” for a migrant employee like X to supply testimony in court docket in a sexual abuse case.
‘Typically caught in limbo’
Wijesinghe agreed that the majority home employees discover the authorized system intimidating.
She countered claims that home employees file abuse instances for monetary achieve. “There are a lot simpler methods of getting a fast payout,” mentioned 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 court docket.
“The sufferer is caught in limbo. Some instances 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 mentioned.
The size of the reporting procedures and the lack to supply for his or her households leads some to desert their instances.
However even once they undergo the authorized system, analysts mentioned the home employees’ distinctive circumstances could be ignored.
“We’ve got noticed that biases and discrimination could come up within the justice system,” the spokeswoman for the Affiliation Regarding Sexual Violence Towards Ladies mentioned. She added that “authorities and professionals generally dismiss or downplay claims with out totally appreciating the context and structural oppression confronted by [these workers]”.
Chloe Martin, programme supervisor at Cease Trafficking of Folks (STOP) – an organisation targeted on ending the apply in Hong Kong – mentioned she discovered of X’s verdict with “nice aid”, however famous that extra must be achieved in relation to maintaining survivors knowledgeable throughout authorized proceedings and supporting them after rulings are made.
X first heard concerning the determination by way of the help group and never by way of official channels.
“Transferring ahead, we urge the justice system to implement sturdy sufferer notification protocols,” Martin mentioned. “Offering them with well timed updates is a essential part of trauma-informed, victim-centred practices that ought to be the usual.”
Balladares mentioned she hoped X’s case may encourage different employees to come back ahead. “We will say that there’s hope, even when it’s arduous and humiliating.”
Pun additionally known as on fellow home employees to hunt assist. “There are lots of organisations that may help us,” she mentioned. “Silencing ourselves means giving extra possibilities to intercourse predators and unhealthy employers.”
Trying to find a brand new life
X continues to be shocked by her expertise.
“I used to be very glad earlier than I got here [to Hong Kong],” she recalled in an unique interview with Al Jazeera. “I believed I used to be going to earn sufficient to assist my household, however I nearly died and there was a lot hassle.”
X mentioned she had by no means anticipated to be concerned in a court docket case. “It was painful. Not simple [to deal with] so many questions,” mentioned 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 way of a videolink, maintaining her out of sight of the general public and the media.
X turned emotional whereas recounting components of the rape in court docket, however discovered it “most troublesome to listen to the defence’s lies”.
In the course of the eight-day trial, the employer, whose spouse and three youngsters had left for Japan, denied that he compelled himself on her. As an alternative, he claimed they’d 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 residence nation.
He’s anticipated to be sentenced on November 11 and is going through a life time period.
Regardless of successful the case, X mentioned her ordeal was not over. She has been unable to work since leaving her former employer’s residence and has principally relied on charity to get her by way of the court docket course of.
She can also be involved concerning the response of a few of her kin. “How am going to face my brother and my male cousin?” X advised Al Jazeera.
The migrant lady mentioned she plans to return residence 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 effective place,” she mentioned.
X urged employees who could also be going through comparable points to obtained 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 suitable method.”
