Democratic Progressive Party (DPP) Legislator Tien Chiu-chin (田秋堇) and the Humanistic Education Foundation yesterday proposed an amendment that would subject those in the education sector who delay or conceal reports of sexual assault on campus to criminal punishment.
Under the proposed amendment to the Gender Equality Education Act (性別平等教育法), personnel who do not take the initiative in reporting cases of sexual assault on campus as required by the Ministry of Education could face jail time of between one and seven years.
Those who forge, tamper with, destroy or hide evidence in sexual assault cases would be liable to a two-year jail term and could also be fined up to NT$1 million (US$31,000).
DETERRENT
Foundation chief executive officer Joanna Feng (馮喬蘭) told a press conference at the legislature that the amendment was proposed to deter school principals or presidents from concealing reports of sexual assault against students.
The proposal came after the Taichung Branch of the Taiwan High Court on Thursday upheld a verdict by the Taichung District Court clearing Hu Shu-chuan (胡淑娟), former principal of Shang An Elementary School in Taichung, of forgery. The decision was final.
INDICTMENT
Hu was indicted in May for allegedly misrepresenting a case of sexual assault as sexual harassment to the ministry in 2008.
Two weeks before Hu reported the case to the ministry, the parents of four boys filed sexual assault complaints against a teacher surnamed Hsieh (謝) with Hu.
By law, educational personnel must report sexual assault against children within 24 hours of learning of the incident.
Hsieh was later convicted of sexually assaulting four boys on 19 occasions between 2006 and 2007 and sentenced to 19-and-a-half years in jail.
JUDGEMENT
In the High Court’s verdict, the court said that although Hu delayed reporting the case to the ministry, she should shoulder administrative responsibility rather than be subject to criminal punishment.
Commenting on the verdict, Tien said the current system served as a deterrent against reporting sexual abuse on campus.
“Our system allows principals to live a better life if they choose not to report sexual assault against students,” she said.
Eric Ker (柯今尉), section chief at the ministry’s Student Affairs Committee, said the ministry had proposed a similar amendment that would introduce a one-year jail term for offenders.
However, the ministry had some misgivings about whether it was appropriate to criminalize the actions of school principals or officials who conceal cases of sexual assault because “this is about putting someone in prison,” Ker said.
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