Temporary Trust: Legal Cynicism, Protection, and the Paradox of Victim Participation in Justice

Abstract

Victims in China, including sexual victims, often distrust legal institutions yet continue to seek protection from them. However, few studies have examined why and how this so-called paradox has emerged in the Chinese context. Drawing on including in-depth interviews with victims of sexual harassment, this study illuminates how sex victims persist in calling on the police and relying on legal authorities despite the widespread cynicism toward them. The analysis suggests that victims ultimately turn to legal agencies because they have fairly limited options for seeking justice in China, where the provision of victim services through non-state channels is severely inadequate. By temporarily turning to legal authorities, victims are at least made visible and heard by the state. Despite stigmatizing and burdensome experiences with the law, they participate in the justice system merely for recognition and tangible protection, leaving them with no “way out” and exacerbating their disadvantages in society.

Keywords:

• Legal cynicism
• sexual harassment
• victim participation

INTRODUCTION

Victim justice in China, including societal responses to sexual victims, has been frequently addressed in public media and social debates, and has undergone changes in law and practice over the years (Zhuo et al., 2008). Within communities, victims have increasingly turned to various outlets or platforms (e.g., Weibo or the Moments feature in WeChat) to disclose their experiences of victimization or express grievances. In law and policy, rights to protection and safety are legislated and enforced so that victims are empowered and able to invoke the law to address their predicaments, such as the Civil Law and the Women’s Rights Protection Law of the People’s Republic of China. Despite considerable reform efforts at creating a victim-responsive justice system in China, research suggests that victims remain reluctant, or directly reject, to utilize the Chinese legal system after experiencing victimization, and their encounters with legal authorities (if any) have cultivated a sense of distrust and frustration with the law (Xu, 2022; Yuan & Di, 2015). In fact, recent years have witnessed the growth of legal cynicism among Chinese victims, especially sex victims (Meyers, 2016).

While victims have displayed generally unfavorable attitudes toward and perceptions of the law, an increasing number of victims are engaged in calling the police. Indeed, this documented pattern of victims’ legal mobilization creates an apparent paradox that deserves close scrutiny: people who distrust an institution ultimately turn to it for problem solving. Previous research has either focused on why victims decide not to mobilize the law (O’Neal, 2019) or assessed victims’ participation in justice when they use the law (Erez et al., 2014), often considering them as separate processes. The existing literature has thus rarely knotted them together, exploring how the paradoxical pattern of victim involvement justice emerged in contemporary China. In other words, why do victims with legal cynicism still choose to employ legal means and participate in justice?

The current study explicates the victim paradox in the Chinese context by centering on the perspective of victims, examining their rationales and experiences related to legal mobilization and participation in justice, notwithstanding the widely held legal cynicism. Drawing on a set of uniquely collected qualitative data, I foreground victims’ sense-making processes and interpret their decisions to mobilize the law. The analytical scope spans from victims’ initial decisions to call the police, through interactions with justice personnel, and to the aftermath of their participation in legal proceedings. In addition, this study also attends to broader structural, cultural, and organizational forces at play that influence distrustful victims’ motives and decisions to mobilize legally.

The analysis suggests that victims holding legal cynicism still take legal actions primarily because they are forced to do so in a situation where other non-legal alternatives for help are either non-existent or useless. Faced with limited choices and almost “no other way out,” victims must temporarily place their trust in the police, who at least can be responsive and intervene. For them, this temporary “trust” creates an imaginative opportunity to gain recognition from the government and perhaps the last avenue by which their voices and concerns could be heard and heeded, although their frustration and illusions of legal efficacy are heightened after their participation in the Chinese legal system. The findings highlight the importance of changing both institutional arrangements and modes of interaction in contemporary Chinese victim justice if victim well-being is to be achieved.

This paper proceeds as follows. First, it reviews research on the recent shift in Chinese victim justice and its emergent paradox in practice, including policy development on the legal protection afforded to sex victims, as well as how victims participate in and make sense of justice. Next, after describing the empirical strategy for this study, the findings show how victims’ temporary trust is produced by those who develop distrustful attitudes toward the law but simultaneously use it as an approach to seeking justice. The paper concludes with a summary of the findings and policy implications for truly improving victim welfare in China.

BACKGROUND AND CONTEXT

Sexual Harassment and Sex Victims under the Chinese Law

Over the past few years, sexual harassment has become increasingly prominent as a social issue, attracting widespread public attention and debate both internationally and in China (Mendes et al., 2018). There are varying definitions and interpretations about sexual harassment across different countries. Consequently, it is imperative to establish a clear conceptual framework for sexual harassment in this article and differentiate it from other easily conflated concepts. This article primarily focuses on sexual harassment in China, where it includes unwelcome sexual advances, requests for sexual favors, and both verbal and non-verbal conduct of a sexual nature (Lining, 2021; Wang, 2022). Such behavior occurs in workplaces, educational institutions, public spaces, and online platforms, creating a hostile or offensive environment for victims. Furthermore, Chinese legislation treats sexual harassment and sexual assault as separate offenses with distinct legal definitions and consequences. In general, sexual harassment refers to unwanted sexual advances, requests for sexual favors, or any verbal or physical behavior of a sexual nature that creates an intimidating, hostile, or offensive environment. In China, sexual harassment is governed by various laws and regulations, including the Employment Law, the Law on the Protection of Women’s Rights and Interests, and the Civil Law. The definition and penalties for sexual harassment may vary depending on the context, such as the workplace or public spaces. On the other hand, sexual assault involves non-consensual sexual acts or behaviors, such as rape, molestation, or any form of sexual penetration or contact without explicit consent from the victim (Abel & Rouleau, 1990; Luce et al., 2010). In China, sexual assault is considered a criminal offense and is addressed within the Criminal Law. After providing a comprehensive explanation of the concept, this article places primary emphasis on addressing the sexual harassment issue within the specific context of China.

As the #MeToo movement has increasingly brought the issue of sexual misconduct to the forefront in China, sexual victims are now encouraged to disclose and report the sexual harassment they have experienced. In response, the Chinese government has made significant legislative efforts to protect victims of sexual harassment. In 2005, the first Anti-Sexual Harassment Law was enacted, which explicitly defines the legal definition of sexual harassment and the legal procedure for its enforcement. For example, in a typical provision that explicitly affirms the rights of the victim, Article 1010 of the Chinese Civil Code stipulates that when sexual harassment is committed against others using speech, text, images, physical behavior, and more, the alleged victim has the right to hold the perpetrator liable.

Myriad practical channels are also being created in the community so that victims can find a place to seek help and justice. According to the Chinese Civil Code (2020), social welfare agencies, associations, schools and other community organizations are required to assume responsibility for dealing with sexual harassment, including preventive measures, receiving complaints, investigating and cooperating with the police.

Despite the legal rights accorded to victims of sexual harassment, little is known about how these rights are mobilized and protected in practice, as the gap between black letter law and law in action has been well documented in socio-legal studies (He & Ng, 2013). Furthermore, understanding victim participation in the criminal justice system is crucial because, in many sexual harassment cases, victims are the only ones who witnessed their victimization, and because in certain countries, defendants have the right to confront their accusers under certain constitutional protections, making victim participation in these cases even more crucial. Previous research has shown that the least common response of sex victims is to mobilize institutional help or to seek organizational redress through the legal system (i.e., notifying a supervisor, filing a formal complaint, and filing a lawsuit). Victims often turn to such strategies as a last resort when all other efforts have failed or have not worked to their satisfaction (Fitzgerald et al., 1995). Evidence from Western research suggests that only about 1% of victims ever take legal action, and the percentage who win such cases has been found to be between one-third and one-half (Terpstra & Baker, 1988).

Moreover, for those who have chosen to report to the police, a survey conducted by an NGO revealed that among them, only 1.2% of victims who reported their cases to the police, the respondents were less satisfied with the police, 19.2% were satisfied and 59.6% were dissatisfied, which means that nearly 60% of the people were dissatisfied with the police handling. This means that these victims temporarily rely on the police and show a seeming form of trust, but the processes and outcomes have disappointed them and further led to their distrust and alienation (Erez et al., 2014). Indeed, while decades of victim advocacy through the victims’ rights movement have led to reforms aimed at providing greater involvement in the legal process (Roberts, 2009), and a number of legislative mandates have required that victims be notified of various stages of the process (Hall, 2012), many victims remain frustrated and dissatisfied with their experiences in and treatment by the justice system, particularly sex victims.

Sex Victims’ Legal Cynicism

A growing body of research has shown that the majority of sexual harassment victims choose not to report to the police after their victimization (Alderden & Ullman, 2012; Greeson & Campbell, 2013). Among the reasons for victims’ failure to report to the police, two are particularly noteworthy. First, research suggests that the primary reason victims choose not to report is fear - fear of revenge, fear of not being believed and trusted, fear of jeopardizing their jobs, and fear of shame and humiliation (Bothamley & Tully, 2017; Patterson et al., 2009; Feiring & Taska, 2005). Many victims have reported that their fear of speaking up to the harasser affects them (Vijayasiri, 2008). Second, and crucially, sexual harassment victims are deeply skeptical of the effectiveness of the police in addressing their predicament, believing that nothing will or can be done by legal authorities (Carbone-Lopez et al., 2016).

Legal cynicism is a cultural framework in which the law and the agents of its enforcement are viewed as illegitimate, unresponsive, and ill-equipped to ensure public safety (Kirk & Papachristos, 2011). Cynical views of the police and criminal justice system may lead individuals to believe that assisting the police in identifying a suspect or reporting a crime is of little use. Furthermore, if a crime is not detected or a suspect is not identified, they cannot be punished (Kirk & Matsuda, 2011). Furthermore, legal cynicism refers to a belief system in which individuals view the law and legal authorities with suspicion and distrust (Sampson & Bartusch, 1998). This can lead to a lack of cooperation with law enforcement and a reluctance to report crime. Previous research has shown that high levels of legal cynicism in a community are associated with higher rates of crime and violence (Hagan et al., 2020). Lee’s (2022) research found that legal cynicism is a strong predictor of whether residents report violent crimes to the police. The roots of cynicism are varied but can include police brutality, unresponsive ignorance, racial bias, inefficient crime fighting, and failure to apprehend criminals (Kirk & Matsuda, 2011; Kirk & Papachristos, 2011).

Particularly from the perspective of victims, legal cynicism is directly related to their trust in the justice system. This trust is necessary for the larger goal of justice, as their participation and cooperation are essential for an effectively functioning system. Trust in the justice system and perceptions of legitimacy in a given institution will result when participants believe they have experienced a positive process (Tyler, 2006). However, one-fifth of victims did not report because they believed the police would do nothing, which may reflect perceptions of mistrust (Laxminarayan, 2015). This dissatisfaction with justice could undermine public confidence in the legal system. Factors that influence perceptions of case progress include the relationship between the victim and the suspect, the severity of the incident, the victim’s injuries, and the availability of evidence and witnesses (Ahrens et al., 2010; Alderden & Long, 2016). When sexual harassment victims report their cases, their involvement and interactions with the justice system are often discouraging, frustrating, and alienating. Furthermore, through the lens of kaleidoscopic justice, McGlynn and Westmarland (2019) identified six key themes that shape survivors’ understandings of justice, including consequences, recognition, dignity, voice, prevention, and connection. Research on sexual assault cases in the legal system found that victims of sexual assault in the legal system often experience a lack of support and understanding from law enforcement and legal authorities (Frazier & Haney, 1996). They may also have difficulty remembering evidence, being examined during trials, and the overall burden that the legal system places on their emotions (Wheatcroft et al., 2009; Frazier & Haney, 1996). While traditional values emphasize respect for authority and communist policies emphasize service to the people, the relationship between legal authorities and the public remains tense in China (Wu, 2014). In particular, policing scholars have noted that Chinese citizens are now more willing to challenge legal authorities than in the past (Wong, 2002). Chinese police have been granted much more power and authority, leading them to be treated as superiors and the public as subordinates due to an imbalance of power (Sun & Wu, 2010). Police misconduct has become a major social problem in recent years (Wong, 2004). Moreover, research on Chinese citizens’ attitudes toward legal institutions has shown that many people have lower levels of perceived political power and tend to have lower levels of trust in the police (Wu & Sun, 2009). In addition, the more legal and political information people have, the less likely they are to trust legal institutions (Yang & Tang, 2010). Victims’ legal cynicism inhibits their mobilization for legal protection. Specifically, victims who have negative perceptions of the legal system and law enforcement are less likely to report violent crimes to the police (Lee et al., 2022).

In sum, the notion of legal cynicism offers insights into why a large proportion of sex victims are reluctant to use legal means or seek legal redress, despite considerable legislative efforts to provide them with rights to be protected. Previous studies have examined why victims of sexual harassment or other sexual offenses are much less likely to choose legal mobilization and what motives and attitudes underlie their inaction to seek police assistance (Lorenz et al., 2021). However, little research has explored why sex victims are deeply skeptical of legal authorities yet continue to seek protection from legal institutions in China, a paradox that deserves an explanation. In other words, it remains puzzling why and how victims with deep legal cynicism come to seek help and protection from legal institutions and participate in legal processes in the Chinese context.

Second Victimization: Sex Victims’ Interactions with the Legal System

When examining the legal mobilization process for victims, it is imperative to acknowledge the substantial influence exerted by legal institutions themselves. Unfortunately, research has consistently highlighted the potential for the legal system to become a source of secondary victimization, exacerbating the trauma experienced by sex victims (Condry, 2010; Orth, 2002; Patterson, 2011). Second victimization refers to the retraumatization or harm caused by the legal process itself, leading to further distress and negative outcomes for the victims (Orth, 2002).

Several factors contribute to the occurrence of second victimization within the legal system. Firstly, sex victims often face victim-blaming attitudes and stereotypes within the legal system. Research indicates that some legal professionals may hold biased beliefs and assumptions about victims of sexual violence, leading to skepticism, disbelief, or trivialization of their experiences (GrawLeary, 2020; Tuerkheimer, 2017). Victim blaming and stereotyping can further perpetuate the trauma experienced by sex victims, undermining their credibility and hindering the pursuit of justice. Moreover, the legal process itself can subject sex victims to invasive and re-traumatizing procedures. This may involve reliving the traumatic event through repeated interviews, cross-examinations, and intrusive questioning, which can be distressing and triggering for the victims (Jeffrey, 2021). Besides, the adversarial nature of the legal system can create an environment that feels hostile and unsupportive, exacerbating the trauma experienced by sex victims. Finally, sex victims often report a lack of support and empathy from legal professionals throughout their interactions with the legal system (Lorenz et al., 2019). This lack of support can manifest in various ways, such as insensitive questioning, dismissive attitudes, or inadequate provision of information about the legal process. The absence of a compassionate and victim-centered approach can contribute to feelings of isolation, frustration, and further victimization.

While the concept of second victimization within the legal system has been widely discussed in the literature, there remains a significant research gap regarding the experiences of sex harassment victims in China and their interactions with the legal system. Existing studies have primarily focused on the experiences of sexual assault victims in Western countries, with limited attention given to the unique context of sex harassment in China and the specific challenges faced by victims within the Chinese legal system.

In the Chinese cultural and societal context, the dynamics surrounding sexual harassment can be distinct, influenced by cultural norms, power imbalances, and social hierarchies. The legal framework and enforcement mechanisms in China also differ from those in Western jurisdictions. Therefore, it is essential to examine the specific experiences of sex harassment victims in China and how they navigate the legal system, shedding light on the potential occurrence of second victimization and identifying the unique barriers and facilitators to seeking justice and support. By addressing this research gap, the present study aims to provide an in-depth understanding of the interactions between sex harassment victims and the legal system in China.

As noted above, I address the issue of the victim paradox by drawing on the perspectives of victims of sexual harassment in China. Focusing on moments when victims engage and interact with the police, this study seeks to illuminate the ways in which victims make sense of their persistence in contacting the police and their continued reliance on the legal institution about which they have developed widespread cynicism.

Analytically, I follow the tradition of "interactional victimology" (Holstein & Miller, 1990)-the perception of law and the meaning of justice emerge from the interactive processes between victims and justice agencies-to understand the meanings that victims attach to their contact with and participation in the justice system.¹ However, my analysis aims to extend this approach by integrating a structural vision with the interactive perspective through which current socio-legal arrangements and contextual forces shape victims’ decisions to mobilize the law in China. Before presenting the findings on the paradoxical effect of legal participation on victims with legal cynicism, I briefly describe the empirical strategy for the study.

DATA AND METHODS

Data for this study were collected primarily through semi-structured interviews with sexual harassment victims. Participants were recruited through an online forum: "What efforts have you made against sexual harassment," which was disseminated on the social media site "Douban.com" on one of the author’s accounts. Based on the online discussion feature provided by Douban.com, this online forum provides viable and vital platforms for victims to disclose and share their experiences of sexual harassment and other sexual violence. When selecting participants for the interview process, I employed a purposive sampling approach, specifically targeting individuals who had been subjected to sexual harassment² and had pursued legal recourse, including reporting the incidents to the police. All participants in the study were recruited online from April 2023 to July 2023, after I received their willingness to be interviewed about talking about their experiences with us.

In order to ensure the saturation of data³, I employed an iterative approach to data collection and analysis. I monitored the emergence of themes and concepts throughout the process to determine when redundancy and repetition occurred, indicating that theoretical saturation had been reached. Data saturation was achieved after conducting interviews with 13 victims of sex-related crimes in China. As I progressed with the interviews and analyzed the data concurrently, I observed a consistent recurrence of themes and concepts. The emerging patterns became repetitive and no new information or perspectives were obtained from subsequent interviews. This indicated that additional interviews were unlikely to yield significant new insights or themes, supporting the achievement of data saturation. To demonstrate data saturation, I present an excerpt from a participant interview:

[When faced with something like sexual harassment, my first thought is to call the police because they’re supposed to have the best solution.

…

But things didn’t go as smoothly as I hoped. It wasn’t easy to get them to take my case seriously.

…

I went back and forth with them multiple times, but the investigation made no progress. They didn’t seem to care about how scared and helpless I felt.

…Well, I had to give up… Alright, I have to admitted that I overestimated how effective the police would be in this situation…]

This excerpt captures recurring themes, showcasing the depth and richness of the data analysis. It signifies the achievement of data saturation, ensuring a comprehensive understanding of the experiences and perceptions of sex victims in their interactions with the police. Therefore, the final sample consisted of thirteen women who had experienced sexual harassment and sought legal redress.⁴ Table 1 provides an overview of the victims’ demographic features and the settings where they experienced sexual harassment. The age range of the participants was between 18 and 40 years, with an average age of 25.4. The majority of the respondents held white-collar positions, constituting 60 percent of the sample. In terms of the settings where sexual harassment took place, public areas accounted for over half (54 percent) of the incidents, including streets, public transportation, parks, and similar locations. The workplace was also a common setting for sexual harassment, occurring in 31 percent of the cases.

Table 1. Sample demographics and sexual harassment settings.

Demographics	n = 13
Age
18-21	2(15%)
22-29	8(60%)
30-40	3(25%)
Occupation
White collar	8(60%)
College student	2(15%)
Other	2(15%)
N/A	1(7%)
Settings where sexual harassment
occurred Public places	7(54%)
Workplace	4(31%)
Campus	1(7%)
Other	1(7%)

The interviews were conducted individually (n = 13) and all were conducted via Zoom or WeChat meeting for the convenience of the participants. Each interview lasted approximately one hour. The interviews were semi-structured with open-ended questions about how they felt about legal remedies for sexual harassment, particularly their importance or inadequacy in protecting victims. The interview questions were open-ended and broadly divided into three themes: (1) experiences of sexual harassment, (2) management and responses, and (3) how legal staff responded.

The recruited victims were instructed to share their personal experiences of interacting with legal authorities, which often included a narrative of contention, compromise, and frustration. Participants were also asked to discuss their views on the extent to which legal channels can help victims and prevent sexual harassment and what they think needs to be improved in the current sexual harassment prevention system. The interviews were then recorded, transcribed, and analyzed to extract theoretical concepts and recurring themes.

The data analysis was conducted using grounded theory (Strauss & Corbin, 1997), which guided me to analyze the interview transcripts under the three phases of the coding process: open, axial, and selective. The analysis focused on victims’ legal participation and the deep-rooted social reasons behind the legislation from the perspectives of substantive law and social structure. In analyzing the data and summarizing significant themes, I focused on the thoughts and actions of the interviewees, as well as their formative processes and situations. Some of the interviewees were called back when I encountered unclear views or controversial issues, and I sought their clarification and confirmation. Ultimately, the findings were organized into three sections, the first of which comprises their illusion of being allied with the legal professionals before reporting to the police, the second of which explains how they encountered difficulties and discredit during the legal process, and the third of which investigates how they disenchant the effect of legal remedies.

Additionally, to strengthen the rigor and reliability of the data, I also used content analysis of the judgment documents. The judgment documents were taken from a public dataset: China Judgment Online, where I selected 44 judgment documents for analysis. I limit the data to two specific types: (1) judgments in sexual harassment cases; (2) judgments in other causes of action with sexual harassment as the main content.

FINDINGS

The following sections are organized according to the sequential stages through which sex victims think about using the law and participating in the justice system as a problem-solving strategy. The first section focuses on the ways in which victims think about legal recourse as an approach to seeking justice and weighs the option of reporting to the police. As the analysis suggests, despite their widespread legal cynicism, the majority of sex victims believe that reporting to the police is the only, but the possible, approach to gaining visibility and recognition. When victims’ complaints enter the police’s jurisdiction and are translated into a legal matter, the second section examines victims’ interactive processes with legal personnel and participatory experiences in the legal process. In doing so, I unpack three strategies commonly used by the police to handle victims’ reports: induced investigation, refusal to investigate further on the basis of evidence, and the practice of mediation. I find that these strategies serve to marginalize or minimize victims, thereby reinforcing victims’ legal cynicism. Overall, the analysis suggests that victims’ decisions to participate in justice are rationalized in terms of their attempts to gain attention or recognition from the law.

Before the Law: Envisaging the Police as Hopeful Refuge

Nearly all of the victims interviewed in the study reported contacting the police and other legal authorities after their victimization, but they expressed a variety of concerns about doing so, such as the insensitivity and irresponsiveness of the legal authorities to their needs, unhappy memories of their victimization experiences shared with the police, and the burdensome nature of participating in legal proceedings. They explained their ultimate decisions to call the police or report their victimization to legal authorities by emphasizing the perceived role of the police as a service provider and protective bureaucracy of the Chinese government. Although reporting to the police could be a difficult decision for victims who are mostly reluctant to mobilize the law, participants in my study conveyed that they were at least willing to try, or in their own words, to “take a risk and play the legal game” regardless of the outcome.

Amid a recent wave of Chinese legal reform, judicial slogans promoting “the people’s police for the people (人民警察为人民)” have become ubiquitous. The rhetoric of judicial reform dictates that after suffering criminal harm, victims are encouraged to invoke the law and use legal means to address their grievances and concerns (Biddulph et al., 2017; Trevaskes, 2011). In the ambiance of the promoted ideology of "rule of law," victims, despite their reluctance to invoke legal processes after their sexual victimization, reported their gradually changing conceptions of the utility of the law and began to call the police. With a deep ambivalence about legal mobilization, sex victims in this study did not see the police as a law enforcement agency, but rather as a possible place to disclose their problems. As one respondent, Xiaoyu⁵ who experienced sexual harassment by her boss at a business banqutte explained:

[N1]: My experiences could be heard by the police, and I think police can come to help us because the police are serving us and must try to protect us by deterring the perpetrator. We were in trouble and unable to deal with the bad guys. We need to get out of the trouble, and we could think of the police because we were taught to do so. (我觉得我应该把我的经历告诉警察, 因为他们就是为人民服务的, 他们有义务震慑犯罪, 从而保护我们。遭遇了这种事情, 但是又不能把那个人怎么样。我们一直以来也被教导如果要有困难找警察。)

In addition to conceptualizing the police as refugees, victims often call the police with a self-created expectation that legal professionals would be empathetic and provide the necessary support and protection in the aftermath of the incident. Yueyue, who was sexually harassed on the subway by unwwanted touched, noted:

[N2]: I think the legal means is perhaps the most reliable way; women are often the victims in this kind of case, and the legal system will try its best to protect us. And the most effective protection for us is the protection from the judicial system. (我觉得法律手段可以说是最可靠的手段了。一般这种事情女生都是受害者, 法律应该尽可能的保护我们。而且最有震慑力的保护就是来自司法系统的保护了。)

As the victims’ accounts revealed, the decision to report victimization to the police was tied to the prevailing conceptualization of police authority in China. In the public’s eyes, the police could serve as “parents” (父母官) who supposedly provide paternalistic protection to citizenry (Cao & Hou, 2001). Moreover, their willingness to invoke legal authority was reinforced by the state’s recent image management of the police as part of the ruling party’s mass line policy. Under this socialist ideology of justice, the police were reformed to serve the people wholeheartedly, to listen to them, and to accept their supervision (Dai, 2008; Dai & Yang, 2021; Fu, 1991; Wang & Wong, 2012). As a result, victims began to accept the option of legal mobilization as an approach to seeking help and justice. They also gradually developed a rather small space of hope in their hearts that the police could be their allies and really work for them. Slowly, victims’ distrust of the police began to thaw. According to a number of victims in this study, the relationship between the police and the community (including victims) is often described as "the police are fish and the masses are water," indicating that the police cannot survive without the indispensable support of the public.

[N3]: Since childhood, we have always known the saying “When in trouble, seek help from the police officer.” Although I haven’t had much interaction with the police before, they have always been a towering figure of justice in my mind. (从小我们就知道“有困难找警察叔叔”。尽管我并没有跟警察打过很多交道, 但他们在我脑海里就一直是正义的化身的形象。)

[N4]: I have a little bit trust in the police because they represent the law and serve as the most important force in combating crime and maintaining social security. Additionally, the police also act as representatives of the people, as there are many things in our lives that require their assistance, such as dealing with illegal activities. It is important for the police to have a good relationship with the community, as trust is mutual. Therefore, I trust the police, have faith in the law, and believe that they will ultimately bring fairness and justice. (我还是信任警察的, 毕竟他们代表着法律, 是打击犯罪、维护社会治安最重要的力量。另外, 警察也要维护我们的利益, 我们的生活中有很多事情都需要他们的帮助, 比如处理违法犯罪。而且, 警察与我们建立良好的关系也非常重要, 因为信任是相互的。所以, 我相信警察, 相信法律, 相信他们最终会为我们带来公平和正义)

• [N5]: I feel the most secure when seeking help from the police, as they are the most powerful force in combating crimes and deviances. (我觉得找警察是最可靠的, 毕竟他们才是打击违法犯罪最权威的力量。)

Taken together, the convergence of personal needs for protection and the prevailing norms of the law as a reliable problem-solving tool for citizens alike works to gradually dispel victims’ distrust of the law and to induce victims to at least try the police after their victimization. Victims were willing to entrust "their personal affairs" to the police because they conceptualized police officers as timely and possible protectors. Their mobilization with the police could serve to deter their perpetrators and pave the way for their entry into a “sanctuary” that victims might not be able to access without the help of Chinese police.

During the Law: The Transformation of Residual Trust into Visible Marginality

Opting to Entangle the Police in Personal Victimization

For sex victims, reporting their victimization to the police can be a challenging process during which they feel anxiety, fear, and uncertainty about what will happen next (Frieze et al., 1987; Johnson, 2017; Pemberton & Vanfraechem, 2015; Weiss, 2011). Nevertheless, they have chosen to engage with the police because of the expected role of the police in deterring their perpetrators and protecting their well-being. The momentary but residual trust has thus led sex victims to contact the police. With the notion of the Chinese police as a safe haven(interview [N 1]), victims expected a welcoming, compassionate, and supportive police response as described in previous section. However, several interviewees gradually realized after their interactions with legal personnel that the justice system was not experienced in a way that would protect and serve them. In the process, many victims in the study began to feel that police officers, judges, and lawyers were not sufficiently attentive to their concerns and did not develop compassionate solutions to their traumatic situations. After being sexually harassed by her boss at a business banquet, Xiaoyu described her experience with the legal system after she decided to report to the police:

[N1]: I tried to call the police and tell them about my trouble. But each time, they just recorded my case and told me that they would do the investigation. My fear and anxiety may go unnoticed. I went to their office, but the officerdid not help me or give me advice on how to get out of the abuse. They just took down notes based on my accounts, and mentioned my words may become a source of evidence to solve the case. Then I went home, and continue living in fear and stress. (我报了警, 告诉他们发生了什么。但每次, 他们都是跟我说已经记录了我的情况, 后续会展开调查。然而, 他们根本体会不到我的焦虑和恐惧。后来我去到他们办公室, 但是那个警官没有帮我, 也没有给我任何的我该怎么做的建议。他们就是根据我说的做了笔记, 而且说我说的话可能会作为证据。然后我就回去了, 那时候每天都很焦虑和恐慌。)

The victim’s words above reveal her gradual disillusionment with, and even possible agitation for, the use of legal means to address the abusive victimization. By choosing to share their stories online instead of going to the police, victims hoped that their voices would be heard and perpetrators would be held accountable, even if it meant bypassing traditional avenues of justice.

In addition, the proliferation of sexual harassment cases posted online is indicative of the frustration and disillusionment that victims feel with the legal system. These victims perceive legal avenues as potentially inadequate, failing to provide the desired results or effective resolution. As a result, they turn to alternative means of seeking justice and raising awareness of their plight. Xiaomei also suffered sexual harassment from the workplace. Her colleagues sent her sexually explicit text messages for a long time and harassed her in the workplace. Even after enduring sexual harassment for a long time, she was still very hesitant to sue:

[N6]: Well, I wouldn’t think of suing in the first place. Many similar cases have not been handled well I think, even if they were ultimately filed. Otherwise, there would not be so many cases that choose to be exposed on the Internet, right? In recent years, many cases of sexual harassment have drawn public attention on the Internet. Isn’t this also a punishment for the perpetrators? This just proves that legal channels may not a solution or the proper way. (我可能第一时间不会想到去起诉。因为有很多类似的案件即使起诉了最后也没有解决；否则就不会有那么多案件选择在网上曝光了, 对吧？然后, 近几年也有很多性骚扰的案件开始在网上引起了很多人的关注, 难道这不也是一种对施害者的震慑吗？这也证明了法律手段有些时候可能并不是最合适的解决办法。)

Furthermore, the documentation of sexual victimization is hindered by personal feelings of shame, as indicated by various research studies (Schwarz et al., 2017; Weiss, 2010). The primary barriers to disclosing these experiences are feelings of shame, guilt, or embarrassment, especially when acquaintances, family members, or partners are involved. Victims are often reluctant to report sexual assault because of self-blame and the resulting feelings of fear, guilt, and shame (Carretta & Szymanski, 2020; Sable et al., 2006). The gendered implications of self-blame or guilt among sexual assault victims can be attributed to societal stereotypes of victims. Specifically, these stereotypes portray women as objects of sexual desire or provocateurs of men’s violent tendencies (De Judicibus & McCabe, 2001; Goh et al., 2022). This phenomenon is one of the most significant barriers preventing victims from reporting cases of sexual harassment. In cases of sexual harassment, the victim’s decision-making process is often influenced by gender norms, particularly the stereotype of the victim. For example, Linlin, a victim who has experienced prolonged sexual harassment from her boss, expressed her concerns and reservations about taking legal action.

[N7]: If you say you have been sexually harassed, almost no one will believe you. Especially at the workplace, they will think you are deliberately trying to seduce your boss. Many people think so and will be labeled as immoral… (如果你说你被性骚扰了, 那么几乎不会有人相信你。尤其是在工作当中, 他们会觉得你是故意去勾引你的老板, 很多人都是是这样觉得的, 而且甚至会给你贴上不道德的标签……)

As a result, I find myself hesitant to involve the authorities or pursue legal action. Moreover, being currently single, I worry about the potential obstacles of finding a future partner who would be open to marrying someone labeled as a "slut"…(所以, 我很纠结要不要去采取法律手段。而且, 因为我现在是单身, 我也担心我会因为这个事情将来找不到合适的对象；试想一下, 谁会愿意娶一个曾经被性骚扰过的女人呢？)

Linlin’s concerns draw attention to the fact that victims choose legal action as a means of seeking redress. Among the options available, legal methods are widely considered to be the most effective and influential. By pursuing legal remedies, not only are perpetrators severely punished, but more importantly, victims’ experiences are validated with complete fairness and legitimacy, enabling them to obtain justice. It is crucial to educate individuals about the legal system, especially before they become involved in legal proceedings. Victims who have no prior interaction with legal professionals often form their perceptions of the legal system based on the government’s portrayal of justice. The concepts of “justice for the people” (司法为民) and “law enforcement for the people” (执法为民) essentially function as propaganda efforts to establish a country governed by the rule of law. However, when other remedies prove inadequate or non-existent, most victims have no choice but to temporarily place their faith in the law.

Perfunctory Police Responses

So far, I have shown how victims of sexual harassment come to the decision to report their cases and pursue legal action. As explained earlier, legal cynicism and self-blame resulting from societal stereotypes of sexual assault victims are significant barriers to reporting such cases. However, victims temporarily place their trust in the law, viewing legal approaches as the ultimate and most reliable method given the inadequacy of non-state institutions to address their victimization. This faith in the legal system is reflected in their pursuit of legal remedies. The following text presents transcripts of interviews with victims who have participated in the legal system, providing a vivid picture of the interaction between victims and justice personnel.

[N4]: I made my way to the police station to report the incident, hoping for protection and support. However, I was asked to wait on a bench in the lobby. A few hours later, I found myself waiting for an extended period without anyone attending to my report. The police appeared to be busy, likely dealing with the pressing issue of telecom fraud cases. I was aware that authorities had recently intensified efforts to combat such fraud. Perhaps the police department also faced performance expectations, and my case did not seem to merit their immediate attention. This experience left me with a sense of insignificance and a feeling that my plight was not worthy of their concern. (我去警察局报案, 希望他们能够保护我。但是我到了之后他们就让我等在大厅的那个椅子上。然后好几个小时过去了, 我发现我居然已经等了这么长时间了。但是也没有人过来处理。那些警察他们好像也都很忙, 他们好像当时都在处理电信诈骗的案子。因为我知道当时上面强调要加大力度打击这这类诈骗犯罪；可能是警察他们也要有他们自己的绩效考核吧, 所以他们就不是很关注我的案子。这个经历也让我感觉到原来我的困难在他们面前是这么不值得关注。)

Minmin, the individual who experienced sexual harassment on her return home, expressed her anger at the treatment she received from the police officer and exemplified the marginalization she experienced during the legal process. She said that she was made to wait in the lobby of a police station for a long time without anyone taking her report. The police appeared to be preoccupied with telecom fraud cases, given the ongoing crackdown campaign at the time. This campaign was aimed at addressing the increase in telecom fraud crimes resulting from the rapid expansion of the financial and communications industries. While law enforcement achieved some success, interviews with victims shed light on the challenges they faced. Public security organs were heavily occupied with telecom fraud cases, resulting in the neglect of victims involved in other cases. This problem was observed in the interviews with various victims, who expressed their dissatisfaction with the lack of attention and care they received. In their pursuit of job performance, public security organs prioritized responding to the national policy of fighting telecom fraud, hoping to expedite their work and earn commendations or promotions. Unfortunately, this resulted in a decreased focus on other cases, which not only marginalized the victims but also fostered mistrust in the judicial system.

One additional victim, Yuyu, who was exually harassed by an exhibitionist in the park expressed her discontent with the police’s response process.

[N8]: I called the police and waited in the park (where I saw exhibitionism) until an assistant policeman arrived on an electric scooter, well, even more than an hour later…(然后就在那个公园(露阴癖出现的公园)等着。直到一个多小时之后才有一个协警骑着电动车过来……)

She reported numerous instances of exhibitionism in local parks, which prompted her to contact the police. Despite her efforts, the responding officers left her waiting at the scene for over an hour with only an electric scooter, which proved to be insufficiently fast. Yuyu was visibly angry as she described the process. The interaction between the victim and the justice system has a significant impact on the victim’s confidence in the law and the support and assistance provided. Compared to victims, justice system personnel, such as the police, have positions of power and expertise. This creates an extreme information asymmetry in favor of justice system personnel. When victims seek help from the police after experiencing sexual harassment, they are often treated with insufficient respect or even ignored. This not only diminishes their trust in the justice system, but also inflicts secondary trauma on their psyche.

Justice agents’ Tactics Producing victims’ Sense of Marginality

Victims in this study reported apparent shifts in their perceptions of the law as a protective and supportive force following their interactions with the justice system. They generally experienced a sense of marginalization by legal personnel throughout the legal process, expressing disbelief and frustration at the lack of seriousness and sensitivity of legal actors in handling their cases. As the following interview suggested, victims’ sense of marginality was derived from the routine activities of justice officials, but was also embedded in the organizational culture of justice actors. Specifically, police officers often devised or deployed tactics in handling sexual harassment cases. In this study, I identified three strategies commonly used by police officers when handling victim reports. The first strategy is induced inquiry, in which some officers attempt to alter or obscure the victim’s memory of the incident during interrogation, thereby creating confusion in the victim’s perception.

For example, when Yuyu was interviewed by the police, she felt that the officer was deliberately trying to get her to admit that she did not have a clear recollection of the incident in order to get the case dismissed:

[N8]: During the police questioning, I felt he seemed to manipulate my responses, aiming to assure that is just my wrong memories. It seemed evident that his intention was to utilize this as evidence to dismiss the case.

He persistently posed questions such as, "Wasn’t it just urination in the grass? (not exhibitionism) Didn’t you just read the situation incorrectly?" Such inquiry provoked a deep anger within me since it was impossible to misinterpret such a matter. Whether it was exhibitionism or urination, there was no room for doubt in my mind. Nonetheless, the officer continued to repetitively question me. Consequently, “the victim’s blurred reflection” being documented in the final transcript, contributing to an insufficiency of evidence to proceed with the case. (在警察问我的时候, 我感觉他是故意在操控我的回答, 他就是想让我承认是我记错了；因为很明显他就是想把这点作为不立案的证据。他一直问我一些类似这样的问题, 比如“难道他不是在草丛里面小便吗？”“你确定你看对了？”这种问题让我很生气, 因为他是小便还是露阴癖, 这 样的事情我是绝对不会记错的。但是那个警察他就是一直问我这样的问题, 所以最后他们就记下了“被害人记忆模糊”, 所以就不能立案。)

In Yuyu’s narrative, it is clear that the police officer had preconceived negative views when confronted with the victim’s report of sexual harassment. From the beginning, the officer displayed a negative attitude and did not believe the victim’s claims. Despite the significant emotional distress and damage caused by sexual harassment, the officer asked the victim to reconsider her statement and attempted to correct her memory. It is important to note that in cases of sexual assault or harassment, the victim’s statement is the most important piece of evidence. If the victim’s statement suggests uncertainty about the nature of the incident, the chances of prosecuting the case may be slim.

Another strategy used by law enforcement officials is to refuse to investigate further, ignoring victims’ requests for additional evidence. Despite having the authority to obtain evidence, such as CCTV footage, some police officers are reluctant to investigate cases further.

[N9]: I believe Shenzhen is a very technologically advanced city, where the CCTV tapes can be found almost everywhere. However, to my dismay, the police officer firmly declared that where the incident occurred was a blind spot for surveillance cameras. Astonishingly, they directly decide to dismiss my case without any further investigation about the proof. (我觉得深圳是一个科技很发达的城市吧, 摄像头可以说是到处都是。但是我没想到的是警察说事情发生的地方正好是监控盲区。然后让我震惊的是, 他们直接就根据这个决定不再继续调查我的案子了, 因为没有证据。)

However, I insisted that there was indeed a camera where the incident happened. I pointed out the presence of a camera, hoping it would support my plea for their further consideration. Yet, the officers still dismissed my evidence, arguing that the camera’s purpose was solely for vehicles and not the specific area where the incident had taken place. This response left me quite disappointed. (但是我记得很清楚那里确实是有一个摄像头的。我就指给他们看, 希望他们能够调一下监控, 但是警察他们还是不理我说的, 他们说这个摄像头只能拍车辆, 拍不到事情发生的那个地方。我太失望了。)

Engaging in a prolonged debate, I persistently urged them to reconsider checking the camera at the entrance instead. However, they claimed a lack of authority in accessing the footage there. Alright, anyway, another excuse… further eroding my confidence in the system. (然后我们就争了很长时间, 我坚持让他们重新调一下这个入口的监控, 但是他们又说这是归交警管的, 他们没有权限去调这个监控。好吧, 反正就是又是另一个借口呗……就进一步的让我对这个系统失去了信心。)

Xiaohua was followed and groped by a strange man during her evening walk. Based on Xiaohua’s account, it is clear that the police avoided or obstructed the crucial aspect of gathering evidence that is essential to the case. The police used several excuses to avoid obtaining the most direct and compelling evidence, such as surveillance video, that could have proven the crime occurred. The victim’s disappointment and perplexity were a result of the way the police handled the situation and the outcome of the case.

Law enforcement agencies often use these methods to avoid formalizing legal action. In addition, I discovered a third technique used by authorities, which involves using mediation in cases where there is compelling evidence of sexual harassment. This technique aims to avoid further legal proceedings. However, involving the victim’s family members in the persuasion process can hinder the victim’s recovery from trauma.

[N10]: Guided by another police officer, my mother came to see me. However, she had been informed before she came to me, that if I proceeded with filing a report, it could potentially work against me in the future. This caused her to worry about me, especially my reputation of being a good girl. After knowing this, I felt so overwhelming, because the police even misguide my mother to persuade me to quit. What’s worse is that my mother was even on their side. They all persuaded me to let it go and not to proceed the case. Finally, I have to dismiss the case under the great pressure both from the police and my family. (我妈是被另一个警察领着进来看我的。但是在她进来之前, 他们就已经跟她说, 如果我继续坚持要立案的话那将来可能会对我不好, 所以这就让她很担心我；尤其是将来可能会对我的名声有影响。在知道了这个之后我真的感到很绝望, 因为我没想到警察甚至可以这样误导我妈, 让她来劝我放弃立案。既然我妈都站在他们那边了, 我又有什么办法呢？他们都劝我就算了吧, 别立案了。最后我也没办法, 就只能不立案了算了。)

In Nana’s narratives, she was surprised to find that both the police officer and her own mother had turned against her under the guise of looking out for her welfare. She was sexually harassed by her lecturer at college, which made her feel very scared and uncomfortable. After struggling for a long time, she finally plucked up the courage and decided to call the police. However, both the police officer and her mother didn’t support and even understand her, which left her feeling powerless and angry. The police officer used her mother’s natural instinct to protect her child from her and discouraged her from pursuing legal action.

It is obvious that a mother whose daughter has been sexually assaulted would prioritize protecting her child. However, the police officer took advantage of this instinct and discouraged the victim from seeking justice and holding the perpetrator accountable. This approach can be seen as discouraging and untrustworthy by those who have been victimized.

A Raging Tempest of Traumatization for Victims

The psychological well-being of survivors of sexual harassment is a critical aspect of their recovery process. The psychological distress resulting from sexual harassment or assault exceeds the physical harm inflicted on the survivor (Amado et al., 2015; Ba & Bhopal, 2017; Jordan et al., 2010). During the interviews, victims expressed frustration, disappointment, and sadness in the face of emotionally draining legal proceedings. Some victims even felt blamed for their victimization or re-victimized by the legal system. Xiaohong, who suddenly encountered exhibitionism on the roadside, was already very frightened. After calling the police, she was criticized by the police.

[N11]: He (the police officer) accused me of non-reacting to his act of sitting in the car and rolling down the window (the exhibitionism of sitting in the car and rolling down the window). Well, at that time, I was too fearful to react to anything…(他质问我当那个人(露阴癖)摇下车窗的时候, 我为什么什么都没做。因为当时我实在太害怕了, 我根本来不及反应……)

Furthermore, some suggested that police officers usually discouraged them from seeking legal remedies. Xiaoqi was sexually harassed by a colleague at the workplace. After seeking help from the company to no avail, she chose to call the police. She expressed to the police her insistence on holding the harasser legally accountable.

[N12]: After contacting the police, they told me they would warn the person responsible and make him promise not to do it again. But I have serious doubts that this will actually work, so I'm thinking about taking legal action to make sure he faces proper consequences for what he did. The police explained that going to court would be necessary for legal proceedings, but they warned me that it could take a long time, possibly one to two years. They also admitted that the outcome might not be what I want. To try and discourage me, they even brought in a female police officer who emphasized the high costs of filing a lawsuit. Despite all these discouragements, I'm still determined to seek justice and make the person responsible for his actions. (我报警之后他们跟我说, 他们会警告他的, 并且让他承诺不会再犯。但是我真的很怀疑这样真的管用吗？所以我就想采取法律手段, 这样可以保证他能够面临最严厉的惩罚。然后警察就跟我说, 如果坚持采取法律手段的话, 就要上法庭, 但是他们就警告我说这样会花很长的时间, 甚至可能一年, 两年, 而且结果可能不会是我想要的结果。就为了不让我起诉, 他们甚至带了一个女警官来跟我强调, 起诉的话可能会花很大的成本。但尽管他们都不鼓励我去起诉, 我还是坚持要寻求法律救济, 我要让他为自己干的事付出代价。)

The victim, who initially showed faith in the legal system, intended to pursue legal recourse in the form of a lawsuit to deter the perpetrator from committing similar crimes in the future. This intention was met with resistance from the police officer, who not only failed to support her claim, but actively discouraged her from proceeding. To this end, the police officer went so far as to seek the assistance of a female police officer in order to dissuade the victim from pursuing legal action. The victim was essentially prevented from accessing the legal system by the actions of the police officer. An area that deserves investigation is the process of interaction and psychological reactions of female victims when confronted by male police officers. Several individuals expressed that they felt intimidated by male police officers during questioning, which resulted in their emotional and psychological trauma being disregarded. For example, Xiaohua, revealed that she preferred to be interviewed by female police officers because she believed that they would be more understanding of her situation.

[N9]: The police officer wanted me to tell him everything about the incident where a man was showing off in the park. I saw that he was carefully writing down a lot of information, even though he was typing slowly. He asked me to give a very detailed account and be very specific about what happened and what the man did. But because the incident was upsetting, I have some memories that are unclear and hard to remember. Especially when talking to a male police officer, I felt embarrassed and didn’t want to share certain details, so I left out a lot of descriptions in my statement. (那个警官想让我告诉他当时那个人在公园里干了什么事情。然后我看到他好像在很认真的记很多的东西, 尽管他打字的速度有点慢。他让我告诉他非常非常具体的细节, 关于发生了什么, 当时那个人在干什么之类的。但是因为当时我真的很慌张, 所以我有一些记忆不是很清楚了, 就是很难再记起来。特别是还是面对一个男警官, 我觉得很难为情开口去说一些这种事情的细节, 所以在我的叙述里面就遗漏了很多的描述。)

At that moment, she even asked for my perspective as a woman, stating that I should be able to empathize with her sense of humiliation. It was quite embarrassing for her to have to explain in detail her encounter with an exhibitionist to a male police officer. Moreover, in cases of gender-based violence, the victim must be interviewed in order to obtain critical evidence. However, this does not mean that interviewing a victim in a sexual harassment case should not be treated differently from other cases, especially in view of the psychological trauma of the victim. However, there is no special legal procedure for handling sexual harassment in China, so the procedures for reporting sexual harassment and interacting with the police are the same as for other cases. When a female victim was interviewed by a male police officer, she was visibly uncomfortable during the questioning about certain sexual issues, and the police officer showed no empathy throughout the interview.

In summary, this research reveals problematic practices within the justice system regarding the treatment of sex victims. Victims often feel marginalized, disrespected by legal personnel, and face barriers to justice. Police officers use strategies such as induced investigation, refusal to examine further evidence, and mediation to discourage victims from pursuing legal action. These tactics can leave victims feeling disbelieved, confused, and frustrated, ultimately hindering their access to justice. In addition, the involvement of family members in persuasion processes can further impede victims’ recovery and agency. The emotional well-being of survivors is often overlooked, and victims may experience blame or re-victimization within the legal system.

Some Supportive Evidence from the Judgment Documents

Based on published judgment documents, the analysis reveals the significant impact of the defendant’s defense strategy on the judge’s decision. In a sexual harassment case, the victim experienced unwelcome advances at work, and the perpetrator was her boss, who was known for his involvement in charitable activities. Throughout the trial, the defendant vehemently denied any instances of sexual harassment and instead resorted to defaming the victim and presenting false evidence. Such conduct severely undermined the judge’s respect for the victim and caused her substantial emotional distress. In addition, the defendant submitted an extensive evidentiary package of over one hundred pages highlighting his distinguished career in public service, which influenced the judge’s moral attitude toward the victim. This case endured a grueling 800-day journey to a verdict, with each court session becoming an agonizing experience for the victim.

Furthermore, the review of more than 40 sexual harassment judgments reveals that the key to identifying such cases lies in the evidence available. In particular, the evidence must meet the demanding standard of high probability. However, due to the unique nature of sexual harassment cases, victims often fail to recognize the incident as sexual harassment, resulting in an inability to preserve evidence in a timely manner. In addition, the victim’s statement is often the only evidence presented in court, resulting in vague criteria for evaluating its validity. Among the documents analyzed, less than 20% of cases were ultimately determined to constitute sexual harassment, highlighting the challenges of identifying sexual harassment in the real world.

The low success rate in these cases raises concerns among potential litigants. Sexual harassment victims may face increased social pressure if their claims are not successful. Sexual harassment cases continue to be influenced by victim blaming, with questions such as "Why did this happen to you and not someone else?" or "Are these allegations fabricated?" reflecting the doubts and pressures that victims must endure alongside the litigation process. In addition, victims often experience stigma when expectations of a "perfect victim" are shattered. This reinforces the need for victims to bear the burden of doubt and societal judgment even after coming forward and seeking justice.

After the Law: Ancillary Harm and Illusional Justice

The previous sections have shed light on how victims, driven by their short-lived trust in the law that is conceived to protect them, have engaged in evoking the law and interacted with judicial officials. However, their trust in the law is ultimately revealed to be fragile and temporary, a concept referred to as “residual trust.” Throughout interactive processes, judicial officials use various tactics to discourage victims from pursuing further legal recourse, such as refusing to file a case or initiating a lawsuit. These encounters further entrenched victims’ marginality within the Chinese legal system, a situation I term as "visible marginality. The section below analyzes shifts in victims’ sense of justice attendant to their involvement in law, a process infused with “collateral damages” and “ilusionary justice.”

First and foremost, despite the legal process, many victims expressed a sense of injustice and perceived that legal remedies were ineffective in holding perpetrators accountable. They reported instances where the police took control without really addressing their specific circumstances. When asked whether they would consider seeking legal redress in similar situations, some respondents expressed doubt. In other words, a significant number of victims experienced disillusionment with the legal system.

Some victims felt that reporting such incidents online was more effective than calling the police. Many victims find it popular to share their experiences on social media platforms like Sina Weibo or Wechat Official Account. This method can work well, even when there isn’t much evidence. In fact, it can have a bigger impact than directly contacting the police…

Police officers have their own personalities and traits, just like anyone else. It’s important to understand that they can’t be expected to be perfect or have superhuman qualities. The people in the legal system are human beings with their own strengths and weaknesses. It’s important to recognize this when looking at how victims of sexual harassment interact with the police.

In addition, support and assistance to victims of sexual harassment should be a systematic social project. There should be comprehensive and multi-channel support channels for victims, so that they can seek help as soon as possible after harassment through various channels, not just legal remedies. Since legal aid should be the last line of defense, it should not be the only option. Other channels, such as non-governmental public charities and social organizations, should provide more in-depth assistance. However, my respondents expressed frustration with victim assistance networks. According to the results of the research, some victims have expressed dissatisfaction with the limited support available to women who have suffered victimization. This has left them feeling doubtful and disappointed in the legal system.

[N12]: As someone who has experienced sexual harassment, I often feel like I don’t get enough support from the legal system and society in general. This feeling of not being enough is made worse by how much my loved ones support me. It’s sad to see such a big difference between the understanding, kindness, and care I get from my loved ones and the lack of it from the larger systems that are supposed to help and bring justice. This big difference reminds me of the struggles victims face and shows how important it is to have better support in both the legal system and society as a whole. (作为一个曾经经历过性骚扰的人来说, 我感觉我并没有从法律甚至是社会上得到很多的支持和帮助。尤其是当我知道有那么多的人在爱着我, 在支持着我的时候, 我就感觉到更加的伤心了。因为就形成了一个很明显的对比, 爱我的人都可以理解我、支持我、关心我, 但是我却没有办法从法律系统当中获得任何的帮助, 也不能够为自己伸张正义。这种巨大的落差就让我明白被害人实际上面临着巨大的困境, 以及怎样更好的从法律系统和社会的角度去支持被害人是多么重要。)

Finally, at the end of the interview, I asked victims an open-ended question about their suggestions for effective prevention of sexual harassment. The answers varied based on their personal experiences with the legal system and judicial officials.

[N9]: I strongly believe that sexual harassment cases should be treated differently from other types of cases, recognizing how deeply they affect victims mentally and emotionally. It’s important to understand that assigning a police officer who usually deals with murder or theft cases to handle sexual harassment cases might make it difficult to ensure fairness and sensitivity. (我真的觉得性骚扰的案件应该和其他的案件区别处理, 尤其是要认识的这种案件对被害人的心理和情绪上造成的伤害；一个处理杀人和盗窃案件的警官同样 去处理性骚扰案件肯定是不一样的, 很难保证案件的公平公正以及敏感性。)

[N10]: When I was studying in the United Kingdom, I saw how they had a comprehensive system to prevent sexual harassment and protect victims. One thing that stood out was a special hotline available 24/7 specifically for reporting incidents of sexual harassment. The people who worked at the hotline received extensive training, including learning about psychology, so they could offer understanding and support to victims. They also had a deep understanding of women’s experiences, recognizing the importance of considering the unique challenges faced by female victims in these cases. This approach showed the value of creating customized support systems that prioritize the emotional well-being and specific needs of survivors of sexual harassment. (以前我在英国上学的时候, 我就发现他们有一套很完善的预防性骚扰和保护被害人的机制。其中特别突出的就是他们有一个24/7在线的专门热线, 他们的接线人员都受过专门的训练, 比如一些心理学的专门训练, 所以他们就能够对被害人提供理解和支持, 也让他们可以更好的理解到女性被害人在面对这类案件的时候的困境。所以这些这些也体现出要建立一个能够照顾到被害人心 理、情绪上特殊需求的被害人的支持系统是很有必要的。)

The previous excerpts provided insights into the internal dynamics of the legal response to victims of sexual harassment that resulted in a lack of sensitivity and support from legal personnel. In addition, the experiences of victims with overseas exposure suggest that China may have developed much less effective mechanisms for handling sexual harassment cases than other countries, such as specialized hotlines and educational initiatives in schools and workplaces.

Furthermore, the participation of victims in the pursuit of justice is not only about upholding justice and holding perpetrators accountable; it is also a healing process for victims. Those who have already suffered physical and psychological harm and have placed their trust in the law are met with suspicion, neglect, or superficial treatment by the justice system. This not only severely undermines victims’ faith in the law, but also causes them additional anguish. This form of harm is different from the original victimization, as it stems from the marginalization imposed on them by the justice system. During this process of marginalization, victims come to the disillusioning realization that their trust in the law was a self-generated illusion that was shattered upon their actual engagement with the legal system. As a result, victims’ involvement in the legal process can be seen as a form of collateral damage resulting from sexual harassment cases.

Interactions with judicial officials can be extremely discouraging. Rather than being treated as central to the legal process, victims are often marginalized, their emotional and psychological trauma overlooked, and their claims left unaddressed. This is in stark contrast to the trust that victims initially placed in the legal system when they sought redress. Their trust acted as a filter, leading them to believe that the law could be their ally. Once they leave the police station, however, this filter is shattered, revealing that their trust in the law was nothing more than an illusion.

DISCUSSION AND CONCLUSION

Crime victims have gained increased prominence in criminal justice in recent decades, both in China and internationally (Garland, 2001), and as a result, victim-sensitive policies and practices have been adopted to address victims’ concerns and interests (Erez & Ibarra, 2007). Against the backdrop of the justice system’s increasing shift toward a victim-centered paradigm, a proliferation of studies has examined how justice programs centered on victim responsiveness, or so-called "victim work" (Globokar et al., 2019), influence victims’ crime reporting behavior and shape their sense of justice (Xie & Baumer, 2019). However, much less attention has been paid to how victims experience Chinese criminal justice when they encounter criminal victimization and during their justice-seeking activities. Drawing on in-depth interviews with sex victims in China, this article illuminates how victims perceive and experience legal institutions, and how these interactions with the law shape victims’ understandings of the law and satisfaction with justice in contemporary China. Building on while also extending Holstein and Miller’s (1990) interactional victimology, this study incorporates the importance of structural conditions in understanding victims’ choices and actions of legal mobilization in the Chinese context. Victims’ identities and statuses are not only constituted by their decision-making processes and interactive dynamics with the law, but are also embedded in structural conditions that can facilitate or hinder their use of the law in pursuit of justice.

This research shows that victims of sexual harassment are initially willing to turn to legal authorities for a just resolution of their predicament because they believe that the law is at least one possible means of getting out of their predicament, although the majority of our study participants are receptive to the utility of the law. As their interactions with legal agents unfold, they ultimately become increasingly disillusioned with the legal capacity to deliver justice and well-being after victimization. Participation in justice processes is physically and emotionally burdensome, consuming their time and energy to meet bureaucratic and institutional demands and gradually fostering feelings of mistrust and resentment toward legal authorities. Victims’ narratives highlight an emerging paradox regarding victims’ participation in the pursuit of justice, as such participation does not always result in justice being served, and may even exacerbate the victim’s harm. This paradox is partly due to legal cynicism among police and legal personnel, as well as systemic biases within legal structures and institutions.

The analysis shows that victims ultimately need to attract attention or seek justice from legal authorities by reporting their victimization because they have no other means of addressing their grievances and salvaging their plight. As I have shown, victims do not fully trust that the law can transform the profound vulnerability that leads to their victimization, but calling the police and involving legal agents could likely serve to deter the perpetrator’s continued harassment and abuse. They see the legal process as a way to encourage and perhaps “empower” themselves as allied partners in combating their sometimes-protracted victimization. While victims’ ultimate attempts to “cooperate” with the law to stop the harm of the crime means more entanglement with the bureaucratic and legal complex and often leads to their frustration and anxiety, they have no other avenues out of their victimization processes, such as community services and victim shelters. This serious lack of other non-legal options, as a structural void in Chinese victim policy, has inadvertently trapped victims in a legalistic coop.

By focusing on victims’ narratives, this study further spotlights the real function of China’s judicial authorities (the police) from the perspective of ordinary citizens, which differs from the official version of judicial reform claimed by the government. The police authority in China is not always the satisfactory channel through which victims could fully trust, obtain just outcomes, and achieve their well-being. Rather, for victims, the police serve as a contingent social resource that is relied upon in different ways to realize their various needs and aspirations in a developing society where specialized victim services and support are rare to nonexistent in communities (Beck, 2023; Jauregui, 2016).

These findings suggest that China’s victim-responsiveness reform is more than the rhetoric of rule of law and “people’s justice” applauded by China’s justice reformers, but more importantly, practical victim-centered transformative efforts should be geared toward centering victims’ sensibilities and voices while also expanding community-based programs that serve victims’ needs and address their concerns outside the criminal justice system. Collectively, the findings reveal the inherent limitations in the use of legal means to achieve justice for victims and provide for their well-being, and thus speak to the need to formulate innovative extralegal strategies and to establish community-based institutions to serve and assist victims. As more resources are invested in community-based victim services, victims may have more opportunities to address their victimization-related problems outside of the legal system, enhance their agency, and improve their ability to live a life of well-being after victimization. In addition, as the data suggest, victims are not a monothetic group, but have a variety of needs, interests, and backgrounds that China’s judicial reforms on crime victims should continue to address. Without adequate attention to and management of victims’ diverse and dynamic experiences with the law, well-intentioned legal reforms, as the current study documents, may perversely feed victims’ confusion, increase their frustration, and reinforce their disbelief in the legal system.

To conclude, China’s legal reforms in recent decades represent a committed step in promoting the ethos of legal responsiveness to changing community demands, the ideology of "serving the people’s justice (司法为民)" (including those who suffer criminal victimization), and the growth of legalistic means to protect and serve victims. These newly established rules and procedures enable, encourage, and empower victims to use, mobilize, and participate in legal resources and processes as a means of achieving victim justice. While these legal creations open the floodgates for victims and bring some hopeful imagination and nominal protection to them, victims continue to experience legal cynicism and feel quarantined in the legal cycle given the near absence of community-based resource provision. As crime victims in China continue to gain prominence in both criminal justice in particular and Chinese state-building in general (Mu_hlhahn & Klaus, 2009), the promise and perils of victim-centered justice reforms in a rapidly modernizing Chinese society, with its diverse formative and operational contexts, are in urgent need of further research.

DISCLOSURE STATEMENT

No potential conflict of interest was reported by the author(s).

Notes

1 The analysis was also inspired and guided by narrative victimology, an established perspective that focuses on understanding what has been done to victims and how it influences the subsequent motivations, behaviors, and actions (Pemberton et al., 2019). This approach also recognizes the importance of the self, including self-understanding, self-respect, and autonomy, with the victim as the main protagonist (Green & Pemberton, 2017). In addition, narrative victimology is concerned with the interaction between the victim’s story and the various other stories surrounding the event, particularly in the legal context.

2 The concept of sexual harassment, as previously defined in the background and context section, encompasses unwelcome sexual advances, requests for sexual favors, and both verbal and non-verbal behavior of a sexual nature. Furthermore, this concept is also applied as a standard during recruitment interviews and affects the conditions of recruitment.

3 Saturation in qualitative research is a methodological principle that indicates the point at which no new information or themes are emerging from the data collected or analyzed. It is commonly used as a criterion for discontinuing data collection and/or analysis, suggesting that further data collection would not lead to additional insights or understanding of the phenomenon under study. Saturation is essential in ensuring the depth and comprehensiveness of qualitative research findings by reaching a point where the data is sufficient to address the research questions or objectives (Saunders et al., 2018).

4 The research project described in this manuscript received ethics approval from the Survey and Behavioural Research Ethics Committee (SBRE) of the author’s university.

5 To protect the privacy of the interviewees, all names in this article are pseudonyms.