CHINA'S first lawsuit against sexual harassment, which began in June, 2001, resulted in the plaintiff losing the case after the court in Xi'an, capital of Northwest China's Shaanxi Province, decided the woman surnamed Tong failed to provide sufficient evidence.

Tong, who worked in a State-owned enterprise, appealed for an apology from the general manager of the company who frequently touched her in his office. The manager continued the behaviors even after Tong strongly complained about it on several occasions.

Since the defendant was head of the enterprise, no colleagues were willing to come forward as witnesses in court. Tong's husband and mother received anonymous threatening letters and phone calls, urging Tong to give up the lawsuit.

After the manager was assigned to another company, a colleague of Tong's agreed to attest that he had once heard Tong warn the general manager to keep his hands off her body. However, the court decided this was insufficient to prove the person Tong was talking to was the general manager, even though the exchange was heard in his office.

Ma Qiang, Tong's lawyer, and other women's rights advocates expressed their disappointment about the result, saying the court had been "irresponsible" in its decision even though Tong had tried so hard to obtain evidence under pressure.

Ma said although they had lost the lawsuit, it would serve as a warning to those who wanted to take advantage of the opposite sex.

Another sexual harassment victim, a teacher surnamed He in Wuhan of Central China's Hubei Province, became the first person in China to win a lawsuit. In 2003, He won an apology from her former boss, surnamed Sheng, who had kissed her and fondled her in school and during a group outing.

More than 10 law offices turned down He's case before she secured an attorney, because they thought she could not win the lawsuit and the court would probably not accept the case. They eventually obtained the school's disciplinary report about Sheng's harassment of He and a taped testimony.

He said she hoped that every woman would be able to stop harassment as soon as it starts. The longer the victims remains silent, the worse the situation becomes, according to He.

(Star News)