Sexual offence net widened and tightened in law update

The government has unveiled sweeping proposals to reform the city's sexual offence laws, including expanding the definition of rape, creating new categories to protect children and making necrophilia a crime.

The reforms, outlined in a document submitted to the Legislative Council, aim to modernise laws that have largely remained unchanged since the 1950s.

"The government considers it necessary to review and improve the laws on sexual offences in Hong Kong, so as to address the inadequacies of the current provisions and respond to changes in social perceptions related to sexual offences," the Security Bureau said in the document.

Under the proposals, the age of consent would be standardised at 16 for all genders and sexual orientations, as current laws contain inconsistencies including different age requirements for various offences.

The government also proposes broadening the definition of rape beyond penile penetration of the vagina.

The new offence would cover penetration of the mouth, anus or urethra with body parts or objects, making both men and women potential victims and offenders.

The maximum penalty would remain life imprisonment.

Two new sexual assault offences would replace the existing "indecent assault" charge.

The first covers touching a victim without consent or spilling bodily fluids or liquids on another person without consent, while the second targets non-contact acts that cause humiliation, alarm or distress.

Both carry maximum penalties of 10 years in prison.

A key focus of the reforms is better protecting children from sexual exploitation.

Eight new child-specific offences are proposed, including sexual penetration of a child under 16, which would replace outdated offences such as "intercourse with a girl under 13" and "buggery with a girl under 21".

The maximum penalty for this new offence would be life imprisonment.

The proposals also introduce offences targeting sexual grooming, which would criminalise adults who communicate with children to prepare for sexual abuse, as well as offences for engaging in sexual acts in a child's presence and causing a child to view sexual images or communications.

The reforms would significantly expand protection for people with mental impairments. Currently, only those with severe impairments are protected under the law, but the new proposals would cover a wider range of individuals and create 18 new offences targeting exploitation.

Incest laws would also be updated to reflect gender neutrality and cover a wider range of family relationships, including adoptive and step-parents.

The maximum penalty would be life imprisonment when the victim is under 16.

Other proposed offences include sexual exposure, which targets those who expose themselves to specific victims for sexual gratification, as well as criminalising sexual acts with dead bodies, which is currently not specifically prohibited in Hong Kong.

The government also proposes creating new offences for administering substances for sexual purposes and trespassing with intent to commit a sexual offence.

The Legislative Council's security panel will discuss the proposals on July 7, followed by a one-month public consultation.

Authorities aims to introduce a bill to the Legislative Council later this year, with the goal of completing the legislative process before the current term of government ends.

Edited by Priscilla Ng ...