On Jan. 6, local media reported that a court had found a man who allegedly touched a woman’s breasts not guilty of a forced indecent act because he was drunk at the time of the incident. The victim said that the incident made her feel extremely uncomfortable and was furious at the court’s ruling.
The definition of a forced indecent act is based on a judgement made in 1928 by the Republic of China Supreme Court. It states that an indecent act is committed if the perpetrator is arousing sexual desires in others or satisfying his or her own sexual desires.
In outlining offenses against sexual autonomy, Chapter 16 of the Criminal Code states that the term “forced” implies rape, coercion, threats, hypnosis and similar means.
Reliance on these definitions when determining whether such a case meets the necessary legal requirement to be considered “forced” completely ignores the guarantee of individual sexual autonomy contained in the Criminal Code.
The core intent of the legislation is to protect an individual’s sexual autonomy and the decision if whether an action is criminal should naturally be based on the subjective feelings of the victim. Why on earth then did the court base its decision on whether the perpetrator satisfied his own sexual desires or aroused the sexual desires of the victim?
In response to pressure from women’s groups, the Judicial Yuan relaxed the definition of forced obscenity at a 2008 Supreme Court meeting, so that it now includes any act that goes against a victim’s will. Despite this change, there have been several cases in recent years in which judges have rigidly adhered to the more traditional approach.
Inevitably this compromises the rights of the victim and can lead to public confusion about the meaning of sexual autonomy.
Sexual harassment and indecent acts can be considered a form of sexual violence. These cases touch on much more than whether a particular act was indecent or the sexual awareness of the judge.
If we continue to focus on individual cases or behavior, similar incidents will inevitably keep occurring and some victims might be afraid to seek legal redress, resulting in their rights and interests being ignored.
Take drunk drivers, for example: They are required to take responsibility for their own behavior in the interests of public safety, but in cases of sexual harassment or forced indecency, the law continues to rigidly adhere to outdated definitions, focusing on whether offenders are sexually satisfied by their actions, while ignoring the victim’s feelings.
This approach fails to protect the spirit of the laws defining sexual autonomy and the arbitrary infliction of pain on others.
The government should therefore amend the law immediately to avoid similar rulings in future. We must also continue to promote social education and protect personal safety.
Lin Shiou-yi is secretary--general of Awakening Kaohsiung.
TRANSLATED BY EDDY CHANG
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