In the Shadow of Silence: Navigating Cultural Expectations and Legal Ambiguities in Chinese Sexual Harassment

This paper investigates the sociocultural, institutional, and legal barriers that prevent women in China from seeking justice in cases of sexual harassment. Drawing on qualitative interviews with over 30 participants, including victims, lawyers, police officers, and judges, this study employs Bourdieu’s theory of social capital to analyze how social networks, resources, cultural norms, and imperfect legal frameworks contribute to an environment that silences victims and normalizes harassment. Bourdieu’s framework provides insights into how social capital—or the lack thereof—plays a crucial role in shaping access to justice and how the interplay between cultural expectations and institutional weaknesses intensifies these barriers.

The findings reveal that Chinese societal norms emphasizing female chastity and a reluctance to discuss sexual matters create a moral stigma around victims of sexual harassment, further compounded by a lack of social capital. Victims often lack supportive networks that would empower them to navigate the legal system, which itself is marked by legal imperfections and inconsistencies that complicate the pursuit of justice. These social and cultural factors interact with an imperfect legal system that lacks clear protections and often fails to adequately address victims' needs. Legal inadequacies not only deter victims from reporting but also mirror and reinforce the societal norms that prioritize male-dominated power structures and stigmatize victims. Consequently, institutional responses often reflect cultural biases, perpetuating a cycle of silence, shame, and inaction.

Using Bourdieu’s theory to explore the interaction between social and cultural capital and the limitations of the legal system, this study underscores the need for comprehensive reforms to enhance legal protections, expand access to supportive resources, and challenge the societal norms that contribute to victims' isolation and disempowerment. Such changes are essential to fostering an environment that encourages victims to seek justice and shifts cultural perceptions around gender and harassment.