1. Sexual Assault 性侵犯

 

Luan, Hui, Guowei Wan, Xijuan Sun, Jialu Niu. “A Scoping Review of Programs to Prevent Child Sexual Abuse in Mainland China”

Trauma, Violence, & Abuse, 2022.

 

Abstract:

Child sexual abuse (CSA) is a worldwide public health concern. With the widespread dissemination of prevention approaches to end CSA, numerous CSA prevention programs exist in developed countries, but there is little evidence on how these programs are performing in Mainland China. The aim of this study was to review the existing research focusing on CSA prevention programs in Mainland China. Studies of CSA prevention programs were identified by conducting a comprehensive search of major academic databases for Chinese and English research. Articles were retained if they were original empirical studies that conducted programs to prevent CSA in Mainland China and measured related outcomes. Twelve studies met the inclusion criteria. A child-targeted, universally focused, and school-based educational program was the most common (n = 7), followed by specifically focused programs that covered migrant and left-behind children using group-based intervention strategies (n = 2) and ordinary parents with self-learning strategies (n = 2); one study delivered agency-based face-to-face education to parents with disabled children. However, the shortcomings in research design limited its replication to the broader population. CSA prevention program research in Mainland China is in an early stage due to the limited target populations, lack of large-scale government-led initiatives, and low involvement of multicomponent collaboration. We provide suggestions for conducting future research involving more inclusive programs for other populations, comprehensive programs with multiple targets and stakeholders, large-scale evidence-based research, culturally tailored and contextual adaptation programs.

​

_______________________________________

​

2. Sexual Harassment 性騷擾

​

Liu, Hong Yu. ““When Nobody Listens, Go Online”: The “807” Labor Movement Against Workplace Sexism in China's Tech Industry”

Gender, Work & Organization, Vol. 30, Issue 1, 2022, pp. 312-328.

 

Abstract:

An online petition, signed by more than six thousand Chinese tech workers in August 2021, is the latest example of an online labor movement in the authoritarian context of China. Combining interviews and publicly available information, this article provides a descriptive account of an activist movement, explains workers' demands, and discusses the characteristics of online labor activism. It explores how Chinese tech workers fight collectively against a gender-discriminatory workplace culture as they strive to bring justice to a sexual crime victim without affiliating themselves with official political organizations. The research findings suggest that while rising feminist consciousness has the potential to motivate collective action by workers, such motivation is highly dependent upon individual experiences at work and tends to be event-based and of limited continuity. It argues that rising awareness of women's rights provides a new kind of legitimacy to labor activism, and a new way to express labor concerns in a context of increased criminalization of labor organizational activities in China today.

​

​

Qiu, Geping, Honging Cheng. “Gender and Power in the Ivory Tower: Sexual Harassment in Graduate Supervision in China”

Journal of Gender Studies, 2022.

 

Abstract:

This article examines how female graduate students in China would perceive their experiences as survivors of sexual harassment by their faculty supervisors. Based on our narrative interviews at Chinese universities, this study has shown that 1) sexual harassment is the supervisor’s expression of gender-based power in Chinese academia; 2) instead of blatant coercion, harassers would use their power strategically to influence and manipulate the student’s ‘consent’ – that is, to lead the victim into deceived or illusory perceptions in order to sexually harass her; 3) for those participants who refused or resisted in particular, their academic progress, careers, health, relationships, and trust to society were all negatively affected; 4) a major cause of sexual harassment in the university setting was that female scholars and students were always treated in a sexual role rather than an academic role; and 5) institutional sexual harassment policies that deploy moral norms as a tool of attributing responsibility and blame can be seen as maintaining the very sexual hierarchies in the university settings.

​

_______________________________________

​

3. Domestic/Intimate Partner Violence 家庭/親密伴侶暴力

​​

Sun, Shufang et al. “Domestic Violence Victimization Among Men Who Have Sex with Men in China During the COVID-19 Lockdown”

Journal of interpersonal violence, Vol. 37, Issue 23-24, 2022, pp. NP22135-NP22150.

 

Abstract:

Many countries worldwide have implemented dedicated measures, such as shelter at home, to contain the spread of the COVID-19 virus. However, those mitigation measures may have major implications for individuals living with someone abusive or controlling. Domestic violence (DV) may be one of the unintended consequences of public health measures due to increased various stressors and reduced access to support and services. There has been a lack of empirical research on DV victimization among gender and sexual minorities, a population vulnerable to interpersonal violence and its associated adverse health outcomes. This study investigates the prevalence of DV victimization among men who have sex with men (MSM) in Jiangsu Province, China, during the COVID-19 lockdown and its correlates with COVID-19–related psychosocial and health stressors. A total of 413 MSM were recruited via snowball sampling, venue-based, and internet-based sampling from four cities in Jiangsu Province. After providing informed consent, all participants completed study questionnaires, followed by HIV testing. Over a quarter of the participants (27.4%) reported DV victimization during the COVID-19 lockdown, including experience of verbal, physical, or sexual abuse. After adjusting sociodemographic factors, DV victimization was associated with various adverse experiences during the COVID-19 lockdown, including increased stress or anxiety level, increased alcohol use, and housing instability. Study findings underscore the prevalence of DV victimization among MSM during the COVID-19 pandemic in China. The results can inform public health efforts to raise awareness and address DV victimization among MSM in the low- and middle-income country context during the COVID-19 pandemic. Adequate health and social services and economic resources are also critical to address the needs of MSM experiencing DV victimization.

​

​

付玉明、焦亞楠，家暴中弱勢方的緊急權確證：非對峙性反擊致死行為的非犯罪化研究

西南民族大學學報（人文社會科學版），2022年12期，第74-84頁。

 

摘要：

在當下社會中存在著大量的家庭暴力現象以及由此引發的傷害、致死案件。家暴受害者為了防止即將發生的家暴而實施的非對峙性反擊行為，入罪結論不符合社會情感和民眾期待，出罪結論則面臨法解釋論上的難題，即此種情形不符合正當防衛的時間要件。緊急權制度能夠保障緊急時刻公民的私力救濟權，維護婚姻家庭內部弱勢群體的合法權益，平衡“家暴情形”中夫妻雙方的權利關系。防御性緊急避險理論為家暴中非對峙性反擊致死行為提供了出罪的解釋空間及現實可能，但并非所有處于不法侵害尚未發生的危險狀態都符合防御性緊急避險對于危險程度的要求，應當將“正在發生的危險”理解為緊急的危險，而緊急性應根據隱蔽性危險與可視化危險的不同類別結合實際案情具體認定。實踐中，只有符合“緊急的危險”“不得已”“必要限度”“補充性”等要件的類型行為，才可以適用防御性緊急避險予以出罪化認定。

​

_______________________________________

​

4. Image-based Sexual Violence 影像性暴力

​

Crofts, Thomas. “Combatting Intimate Image Abuse in Hong Kong”

Hong Kong Law Journal, Vol. 52, Issue 2, 2022, pp. 405–430.

 

Abstract:

For some time, it has been recognised that intimate image abuse can cause significant harm to victims and that the existing criminal offences in Hong Kong were neither adequate nor appropriate to address such behaviour. To remedy this situation, four new offences were added to the Crimes Ordinance in October 2021. These offences cover voyeurism, unlawful recording of intimate images, publication of images unlawfully obtained and non-consensual publication of intimate images. This article explores the background to the new offences in Hong Kong, before critically and comparatively examining the elements of the new offences. In doing so, it contributes to the ongoing debate both in Hong Kong and overseas about how the criminal law can most appropriately respond to the harms caused by intimate image abuse.

​