Legislators debate court's rejection of kissing case

Debate on whether kissing a stranger's cheeks without consent is a crime or merely a sign of affection continued yesterday at a public hearing in the legislature on the Supreme Court's decision to decline a sexual harassment suit.

The case stems from an incident at a convenience store on Feb. 9, 2000. The 15-year-old clerk at the store accused Fang Yung-hsiang (方永享), then 44, of holding her back and kissing her on the cheeks for approximately two minutes without her consent.

The youth cried out for help and her colleague came out from the store's storage room.

Fang then released the girl and ran away, but his behavior was recorded by the store's video security system.

Both the Taoyuan District Court and, on appeal, the Taiwan High Court ruled that Fang was not guilty of sexual harassment.

The Taoyuan judge's ruling said that "kissing on the cheeks is an international custom rather than sexual harassment."

The Supreme Court ruled last Friday against State Prosecutor-General Lu Jen-fa's (盧仁發) motion to appeal.

PFP Legislator Chin Huei-chu (秦慧珠) said yesterday at the hearing that the definition of "harassment" in the Criminal Code should be changed.

"In this case, the Taoyuan judge believed that kissing on the cheeks is a friendly gesture in the Western world. However, what if one feels like a victim during the kissing? Doesn't this person have a right to say no?" Chin said.

Prosecutor Wang Jiunn-li (王俊力) and lawyer Chang Chu-fang (張菊芳) echoed Chin's remark.

"After the latest amendment to the Criminal Code in 1999, the definition of sexual harassment became whether the defendant's behavior toward the plaintiff could inspire the defendant's sexual desires. If yes, sexual harassment exists," Chang said.

The Supreme Court held a press conference on Tuesday and explained that it never said that "kissing on the cheeks is an international custom rather than sexual harassment" in declining Lu's appeal.

Supreme Court Judge Chang Hsin-hsiung (張信雄) said that the court simply rejected Lu's request to hear the case.

"Many people misunderstood that the court didn't find Fang guilty because judges believed `kissing on the cheeks is an international custom.' However, other than the judge on the first trial, judges for the second trial never said that was the case," Chang Hsin-hsiung said.

Josephine Ho (何春蕤), an adviser to the Gender Sexuality Rights Association and a professor at National Central University, said that the media didn't make their stories on the case clear.

"Did you notice that all the stories just said that the man `kissed the girl' instead of clearly saying that he `kissed the girl on the cheeks?'" she said.

"Well, that is a big difference and it's false representation by the media," Ho said.

Ho said that kissing on the cheeks is a Western way to show a friendly attitude.

"Just like shaking hands. It's that simple," she said.

"Since when did it become sexual harassment?"