Domestic Workers Hong Kong Law & Crime

Domestic worker awarded HK$562k in damages after being assaulted and raped by employer’s brother

An Indonesian domestic worker has been awarded HK$562,000 in damages after being sexually assaulted and raped by her employer’s brother in 2011.

The accused, Fok Ka-ching, was convicted of three counts of indecent assault, one of attempted rape and one of rape in 2013, in relation to events that took place between July and August 2011, during the first month of the worker’s arrival in Hong Kong. He was sentenced to seven and a half years in prison. The domestic worker then filed a claim for damages with the District Court.

wanchai law court

Photo: Google Maps.

Fok, who is serving his sentence at Shek Pik Prison, was not represented by a lawyer and did not raise any objections to the proposed amount of compensation.

In the judgment handed down at the District Court on Thursday, Deputy District Judge Eliza Chang said that the 38-year-old victim suffered from Post-Traumatic Stress Disorder (PTSD) after the incident, but did not take sick leave from her new employer out of fear that they would learn about the event. She did not seek medical treatment until 2015.

According to the domestic worker’s psychiatric assessment, she suffered from PTSD and depression, and would feel anxious when left alone in the company of men. Her work efficiency and concentration took a permanent blow, and she was fired twice because of this. The domestic worker’s husband also left her after finding out about the incident.

The judge awarded her HK$562,000 in damages, including HK$100,000 to compensate for her loss of income and HK$49,000 in medical expenses.

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Domestic worker awarded HK$562k in damages after being assaulted and raped by employer's brother