Beijing considers sex offender registry to protect students

Beijing is considering plans to create an unprecedented nationwide sex offender registry for schools and universities.

It would be similar to the national sex offender registration system in the United States, 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 another meeting to examine the proposal, now under public consultation until May 19.

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

If adopted it would be only the second amendment to the law since it was enacted in 1992.

Previously in 2005, a revision was made prohibiting sexual harassment against women and encouraged victims to lodge formal complaints, which was the first-ever mainland law dealing with 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 were not employed in positions working with minors or young people.

Ying Han, of Hunan King Zone Lawyers, told the 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,” Han said.

However, some have criticised 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 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 he expected to see authorities and schools effectively implement the registration system and ensure no sex offender could slip through the net.

Another commenter said the amendment must include penalties for sex crimes in schools and on campuses.

Although there has been growing awareness in the country of sexual misconduct as an issue since #MeToo caught on in 2018, harassment cases on campuses are still common.

The Ministry of Education revealed last month 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 the sexual harassment of female students.

In February Li Qi, 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 fell pregnant and subsequently had an abortion.

In recent years there has been greater discussion of sexual violence on campuses. In 2020 the China Family Planning Association released a survey on students’ sexual and reproductive health, revealing that more than 30 per cent of the 54,580 college students across 1,764 campuses who took part had experienced verbal harassment, and 11.82 per cent were forced to expose their 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 per cent of male students and 51.68 per cent of female students remained silent or did not seek help from others.