While in many countries the #MeToo movement has been decently successful in sparking an open conversation about sexual assault crimes and encouraging victims to come forward, the #MeToo movement in China has not experienced the same success. There are many reasons for this lack of progress, including the stigmatism and criticism faced by sexual assault victims, the censorship of sexual assault claims by the Chinese government, and the flawed structure of the Chinese courts that make it nearly impossible for sexual assault victims to win their case. Since the beginning of the #MeToo movement in China back in 2018, the Chinese government has implemented various codes and regulations that attempt to make it seem as though they are taking steps to prevent sexual assault crimes. However, the reality of the situation is that these new laws are merely the country’s response to increasing public attention and concern for China’s unaddressed sexual assault problem, and new legislation has proven to be ineffective in causing actual change. Considering China’s secretive track record of human rights abuses and censorship, it is no surprise that the nation was able to successfully divert public attention from the Chinese #MeToo movement through useless legislation. For example, the “Civil Code” implemented by the Chinese government in 2018 was created to “define sexual harassment” and “obliges companies/schools to adopt policies for responding to sexual harassment,” yet, to date, no employer in China has been held liable for not appropriately responding to a sexual assault case.
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Zhou Xiaoxuan arrives at court for her sexual harassment case against Zhu Jun |
Recently, the sexual assault lawsuit against popular television personality Zhu Jun by television intern Zhou Xiaoxuan has redrawn attention to the #MeToo movement in China. Zhou Xiaoxuan claims that in 2018, Zhu Jun groped and forcibly kissed her; a claim that he has denied and eventually countersued her for on account of falsely damaging his reputation. The lawsuit made major public news, drawing support for Zhou Xiaoxuan from all across the world. The bravery she has demonstrated in coming forward with her allegation has made her the face of the struggling #MeToo movement in China. Disappointingly, on September 14, 2021, Chinese courts ruled against Zhou Xiaoxuan, claiming that the evidence submitted by her legal team had failed to prove that any harassment had occurred. Supported by a crowd outside the courthouse encouraging her to “keep going,” as well as by thousands of international allies of the #MeToo movement, Zhou Xiaoxuan has announced that she intends to appeal the decision. By appealing the decision, Zhou Xiaoxuan is continuing the fight of the #MeToo movement, stating that “The impact of this case is bigger than its outcome.”
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Zhu Jun, famous Chinese television host accused of sexual assault |
While disappointing, the outcome of Zhou Xiaoxuan’s lawsuit is not surprising. China’s court system is designed to make it nearly impossible for victims and their lawyers to prove that they have been sexually assaulted. The courts require cold-hard evidence, such as video footage, in order to even consider the legitimacy of the allegations. Testimonies are essentially considered useless forms of evidence, as if a case boils down to conflicting testimonies, it will almost always result in a loss for the plaintiff. However, such as in the case of Zhou Xiaoxuan, the courts oftentimes do not even allow the introduction of cold-hard evidence (when they know it will likely require a guilty verdict for the defendant). When Zhou Xiaoxuan’s lawyers attempted to introduce supporting evidence, such as video footage from outside the dressing room and police interview notes with her parents, the judges rejected their request to do so. Additionally, Zhou Xiaoxuan stated that the judges gave her little opportunity to detail her allegations or to make a statement. China’s corrupt court system is designed to guarantee that cases like Zhou Xiaoxuan’s are not given a fair chance in court, in order to protect the harassers.
There are several reasons as to why so few women come forward with sexual assault allegations in China, and to why the country needs brave women like Zhou Xiaoxuan to stand up for the struggles of millions. First and foremost, censorship of the #MeToo movement by the Chinese government has made it extremely difficult for individuals to share their stories and support one another on social media. For example, when Zhou Xiaoxuan first posted her accusation against Zhu Jun on Chinese social media sites, it was eventually taken down by government censors. While Zhou Xiaoxuan’s post happened to go viral before it was removed, most accusations do not gain much attention and are never again acknowledged. Censorship discourages victims from coming forward with their stories on social media, as they see it as a waste of time if they know it will inevitably be removed. In addition to censorship, individuals are discouraged from coming forward with allegations due to the likelihood for their harasser to counterattack with their own lawsuit. The Chinese legal system makes it incredibly easy for harassers to sue their victims, even allowing them to request enormous amounts of money for “damage to their reputation.” The possibility of losing and being forced to pay thousands of dollars scares victims, and discourages them from suing their harassers in the first place. On a similar note, on the off chance that a victim is awarded a damage award, the amount of money that they are bestowed is pathetically insignificant. In fact, there have been instances in which the “damage award” was a mere apology - that the victim never received. This lack of damage awards makes victims question if coming forward is even worth it; is being publicly shamed worth being an advocate for the #MeToo movement? Is risking financial devastation worth the low-percentage chance of winning the lawsuit? Is being labeled as “dirty” after being sexually assaulted worth sharing one's trauma? These are important questions to which few Chinese victims have answered yes.
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Zhou Xiaoxuan stands outside of a court in Beijing after her hearing |
I think that the only hope for the #MeToo movement in China is to subject the government to international pressure. China desperately attempts to stay out of the public eye, and I think that there is a chance that directing international attention towards their neglect of justice for sexual assault victims could cause a change. After all, there is only so much change that Chinese victims can achieve on their own in such a repressive and unjust social and political climate. As stated by Zhou Xiaoxuan, “I think I’ve done everything I can. I can’t make any more effort. I think I’ve already given this my all.” In this quote, Zhou Xiaoxuan expresses that, despite her appeal to the decision, she lacks optimism that she will ever be given a fair chance in court. However, appealing is her only opportunity to continue advocating for, and drawing attention to, the silenced #MeToo movement in China. Though it has gotten off to a slow start, the #MeToo movement in China is gaining attention and needs the support of other countries in order to spark impactful change.
Sources
Information:
https://www.nytimes.com/2021/09/15/world/asia/china-zhou-xiaoxuan-metoo.html
https://www.cnn.com/2021/09/15/china/xianzi-zhu-jun-sexual-harassment-case-mic-intl-hnk/index.html
https://www.cbsnews.com/news/zhou-xiaoxuan-case-china-court-rejects-ex-intern-me-too-sexual-harassment-suit/
https://www.washingtonpost.com/politics/2021/03/20/once-woman-won-metoo-case-china-why-is-it-so-hard/
https://www.youtube.com/watch?v=imV96yqqz08
Images:
https://www.reuters.com/world/china/chinese-metoo-plaintiff-heads-back-court-what-could-be-last-time-2021-09-14/
https://www.nytimes.com/2021/09/15/world/asia/china-zhou-xiaoxuan-metoo.html
https://www.scmp.com/news/china/politics/article/2165974/chinas-metoo-movement-takes-legal-turn-woman-applies-counter-sue
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