China proposes first-ever sex offender registry in bid to stem campus crimes

Zhou Xiaoxuan, front, a feminist figure who rose to prominence during China's #MeToo movement two years ago, stands before her supporters as she arrives at the Haidian District People's Court in Beijing, in a sexual harassment case against one of China's most famous TV hosts, in this Dec. 2, 2020, file photo. China's #MeToo movement has stumbled in the face of swift internet censors, a patriarchal society and a legal system that places a heavy burden on the claimant. AFP-Yonhap

Plans in China to create an unprecedented nationwide sex offender registry for schools and universities are currently under consideration.

The proposed registry is similar to the U.S. national sex offender registration system which imposes legal obligations on convicted sex offenders to register with local police and prevents them from working in positions with young people and minors in jobs such as teaching, tutoring and volunteering.

The proposal would amend China's Law on the Protection of Women's Rights and Interests, under a plan to build a national mechanism for halting sexual misconduct on campuses. The proposal came after the first deliberation of the Standing Committee of the National People's Congress (NPC) late last year. On April 18 the NPC held an additional meeting to examine the proposal, currently under public consultation till May 19.

Some have praised the move as a progressive step in protecting women from sexual assault in education institutions, but others have criticized the proposal, which only sets out to identify known offenders and prevent their future employment in education, without suggesting penalties.

If adopted into law it would be only the second amendment to the law since it was enacted in 1992. Previously in 2005 a revision was made that prohibited sexual harassment against women and encouraged victims to lodge formal complaints which was the first-ever law in China dealing with the sexual harassment of women.

The newly proposed amendment calls for the setting up of a registration system for sex offenders to prevent future sexual crimes on campuses and in schools. The system would enable universities and schools to track the histories and movements of past sex offenders.

For prospective job applicants who intend to work with young people and minors, there would be a legal responsibility to prove they have no history of sex crime convictions. Meanwhile, universities and schools would be legally bound to ensure candidates with past sexual assault convictions are not employed in positions working with minors or young people.

Ying Han, a lawyer from Hunan King Zone Lawyers told the South China Morning Post: "Once the amendment becomes law, universities and schools would be bound by a legal responsibility to follow the law, rather than treating it as a voluntary guide."

"More importantly, the law means sex offenders will not be able to hide their pasts when going to a new place to start a new life.

"For it to work, the system will require an extensive national inquiry which will need cooperation among education departments, public security bureaus, and prosecutors. Secondly, authorities shall also need to keep a watch on universities and schools to ensure they are following the new rules. If they find institutions that ignore or breach their responsibilities, they will be able to impose penalties," said Han.

However, some criticized the proposal for being vague and failing to define what constitutes sexual assault and not having clear-cut penalties.

"I reckon it's very positive for prevention, but the fact is that the law has not drawn a clear line on what sexual harassment is, so it would bring challenges in making the system work smoothly," said a former female student surnamed Zeng who studied gender studies at the China Women's University and ACWF Executive Leadership Academy.

"Additionally, what about penalties? If there are none, then the system won't render much of a service."

The proposed law change caught substantial attention on mainland Chinese social media with many on Weibo applauding the proposed changes. However, some expressed concern over gaps between the proposal and its actual execution in practice. One commenter named Rainseph said that he expects to see authorities and schools effectively implement the registration system and ensure no sex offender can slip through the net. Another commenter said the amendment must include penalties for sex crimes in schools and on campuses.

A man pulls a sign reading "stand together" away from a supporter of Zhou Xiaoxuan outside a courthouse in Beijing, in this Sep. 14, 2021, file photo. AP-Yonhap

Although there is a growing awareness of sexual misconduct as an issue since #MeToo caught on in China in 2018, harassment cases on campuses are still common. Earlier this month the Ministry of Education revealed that two teachers, one from the Inner Mongolia University of Finance and Economics and another from the Anhui Agricultural University, had lost their teaching positions due to their sexual harassment of female students.

In February Li Qi, then a professor at the Shanghai University of Traditional Chinese Medicine and a doctor at the affiliated Shuguang Hospital was fired after having an affair with a student who became pregnant and subsequently had an abortion.

In recent years there has been greater discussion of sexual violence on campuses in China. In 2020 the China Family Planning Association released a survey on students' sexual and reproductive health, revealing that more than 30 percent of the 54,580 college students across 1,764 campuses who participated had experienced verbal harassment, and 11.82 percent were being forced to expose genitals.

Both male and female respondents said the majority of the perpetrators were friends and classmates, boyfriends or girlfriends, or online friends. Further, 63.13 percent of male students and 51.68 percent of female students remained silent or did not seek help from others.