Hong Kong's equality watchdog represents female student in sexual harassment case against male classmate
'The Claimant alleged that a male classmate (the Respondent) sexually harassed her on many occasions from Form 2 to Form 4,' the Equal Opportunities Commission (EOC) said in a statement issued on Thursday.
The male student allegedly sent sexually indecent messages to the female student via instant messaging apps and engaged in unwelcome physical contact, the EOC said.
Despite the claimant's 'clear, explicit and consistent rejections,' he allegedly continued harassing her and even escalated his conduct. According to the EOC, she found his acts 'offensive and humiliating.'
The equality watchdog said in the writ that the two students were classmates from Form 1 to Form 6, but they were not close friends.
When they were in Form 2, the male student – now 18 – asked the female student, currently 19, to have sex with him, but she refused, local media outlets reported.
Since then, he allegedly started sending her messages like: 'Just sleep with me' and 'Can't you just satisfy me?'
When they were in Form 4, he allegedly grabbed the female student's bra strap, pulled her hair, and snatched her backpack. The female student subsequently suffered weight loss and depression, the EOC said.
The case remained unresolved despite steps taken by the school and parents to handle the matter, according to the watchdog.
'The EOC also made many attempts to facilitate settlement of the case between the two young people by way of conciliation or negotiation during the investigation and provision of legal assistance stages,' it said. 'Unfortunately, the attempts were unsuccessful in resolving the dispute.'
Raising awareness among students
The EOC brought the legal proceedings under the Sex Discrimination Ordinance, which stipulates that sexual harassment in the field of education is unlawful. Violating the ordinance may lead to civil liability.
The claimant is demanding that the defendant pay HK$100,000 for emotional damages and an additional HK$20,000 in punitive or exemplary damages, according to local media.
She is also asking the court to order the male student to cease the related behaviour and to provide a written apology.
'By bringing this case to court, the EOC hopes to raise awareness among students, teachers and schools about the importance of combating sexual harassment, which includes unwelcome sexual acts, comments and messages, as well as bullying within the school,' the EOC said.
The case also serves as a reminder that sexual harassment among students is unlawful and can lead to serious legal consequences, it added.
The EOC received 32 complaints related to sexual harassment in the education sector between 2022 and 2024, representing around 5 per cent of the total sexual harassment complaints received during that period, the watchdog said.
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