Damages for our client, deceived into sexual activity by a man who concealed that he was male

On 23 October 2026 the District Court awarded our client HK$367,980 in damages against a man who pretended to be a female, lesbian tomboy, and deceived her into sexual activity by concealing that he was in fact male (DCPI 394/2023).

They met through a dating platform for lesbian women, and she agreed to sexual activity on the understanding that he was a woman. During it, she realised that he was a man. She left, sought help and reported it to the police.

A criminal prosecution followed. In 2021 he was acquitted of rape and indecent assault after a trial in the High Court.

Our client then brought a civil claim. He filed no defence, and in September 2024 judgment on liability was entered against him. The court accepted her case that, because of his fraud or deliberate concealment of his gender, her consent was invalid and she was sexually assaulted and raped. In October 2026 it assessed damages after hearing her evidence.

The court found her evidence credible and reliable. It awarded HK$250,000 for pain, suffering and loss of amenity, including post-traumatic stress, and HK$80,000 in aggravated damages. It found that his conduct was “contumelious” and that she had been “humiliated, distressed and insulted”. Medical expenses and the cost of future treatment make up the balance.

Why it matters

The criminal case did not end in a conviction. This judgment shows that the civil courts remain open to someone in her position, as a separate route decided on the balance of probabilities, and that they will compensate the harm done, including with aggravated damages where the deception itself was humiliating.

It also comes as Hong Kong reviews its sexual offences law. The Security Bureau’s consultation paper, Improving the Laws on Sexual Offences in Hong Kong, proposes that the law should make clear that consent to a particular sexual act does not imply consent to any other. In its submission of August 2026, the Association Concerning Sexual Violence Against Women, which runs RainLily, recommends that the principle should also cover the particular person and the particular occasion. Our client’s case shows why: she agreed to sexual activity with a woman, not with him.

The civil claim was only possible because of the sustained pro bono efforts of many legal professionals, and our client’s persistence in finding a route to vindication. She considers herself fortunate to have had that support. But access to justice should not depend on pro bono help being available, and many survivors will not have it. That is one more reason the law on consent needs to be clear.

Our client

She reported what happened, went through a criminal trial, and then spent several more years pursuing this claim. It took considerable courage, and we were glad to stand with her.

Counsel and thanks

We are grateful to counsel, Mr Schweitzer Wong, Ms Jean Lee and Ms Cherry Chau, and to Mr Phillip Ross for his earlier work on the matter. The case was conducted at the firm by Ms Clara Chok and Mr Osama Nesar, and before them by former colleagues Ms Evelyn Tsao, Ms Debbie Tsui, Ms Joanna Bi and Ms Venice Yip. We also thank RainLily for the support they gave our client throughout.

Press coverage

HK01: 男子未透露性別與女同性交　脫強姦非禮罪　就女方創傷需賠36.7萬

The Witness: 男子冒充TB女同志與女子性交　強姦罪脫　民事案敗訴

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