Former Taipei High Administrative Court judge Chen Hung-pin (陳鴻斌) was convicted in 2016 of sexual harassment and dismissed from his position by the Court of the Judiciary. Following an appeal by Chen, the same court on March 8 overturned its ruling and instead fined Chen a year’s worth of salary, or NT$2.16 million (US$74,049).
Chen Chih-hsiang (陳志祥), one of the five judges who ruled on the appeal, said Chen Hung-pin’s action did not constitute sexual harassment because it did not result in an extramarital affair. His explanation sparked a public outcry.
However, it is worth noting that while the original verdict called for Chen Hung-pin’s dismissal, the phrase “sexual harassment” is nowhere to be found in the verdict. This raises the question why “sexual harassment” was not mentioned in both verdicts.
According to Article 20 of the Sexual Harassment Prevention Act (性騷擾防治法), “a person who sexually harasses another person shall be fined between NT$10,000 and NT$100,000,” and Article 21 states that offenders who use their “power, influence or opportunity to sexually harass another person will be given a heavier fine, up to 50 percent” of the original fine.
Moreover, Article 25 stipulates that a person who kisses, hugs or touches the private parts of another when the latter cannot quickly respond or resist can be imprisoned for up to two years.
Based on these stipulations, Chen Hung-pin exercised the power and influence of his higher position over his female assistant, dating the victim and even kissing her. Such misconduct cannot be handled with a mere fine, but is indeed a criminal act, in which case there is no longer any need to consider whether the harasser, a judge, is suitable for his position.
Nevertheless, Article 25 also states that “prosecution for such crime may be instituted only upon a complaint,” which causes a common dilemma in such cases. Even if the victim files a lawsuit, there might be no eyewitness due to the nature of sexual harassment, and it is often difficult to obtain evidence.
This means the victim’s statement is the only evidence available and the victim must therefore appear in court for questioning, thus once more exposing the defendant to secondary victimization.
Even if it can be proved that the accused has kissed or hugged the defendant or touched their private parts, an intent to sexually harass another must also be proved, which increases the difficulty of obtaining a conviction.
Although sexual harassment is defined in Article 2 of the act, concepts such as “harming someone’s personal dignity,” “feeling hostility” and “feeling offended” as a result of sexual statements or behavior are very vague.
If the accused says things like, “I misread her wishes” or “I only wanted to have an extramarital affair,” unconvincing as such statements are, the accused may be ruled not guilty as doubts about the person’s guilt remain and intent cannot be proved.
If the Court of the Judiciary followed such strict reasoning and burden of proof, it is easy to see why the phrase “sexual harassment” does not appear in the verdict and why the judge was only fined for “misbehavior.”
Adding the requirement to show intent to commit sexual harassment for conviction is superfluous, as it often offers an excuse for finding the accused not guilty, and should be removed.
Finding a way to avoid secondary victimization and encouraging victims to come forward to expose sexual harassment is of the utmost importance.
Wu Ching-chin is an associate professor of law at Aletheia University.
Translated by Chang Ho-ming
In an article published in Newsweek on Monday last week, President William Lai (賴清德) challenged China to retake territories it lost to Russia in the 19th century rather than invade Taiwan. “If it is really for the sake of territorial integrity, why doesn’t China take back Russia?” Lai asked, referring to territories lost in 1858 and 1860. The territories once made up the two flanks of northern Manchuria. Once ceded to Russia, they became part of the Russian far east. Claims since then have been made that China and Russia settled the disputes in the 1990s through the 2000s and that “China
Because much of what former US president Donald Trump says is unhinged and histrionic, it is tempting to dismiss all of it as bunk. Yet the potential future president has a populist knack for sounding alarums that resonate with the zeitgeist — for example, with growing anxiety about World War III and nuclear Armageddon. “We’re a failing nation,” Trump ranted during his US presidential debate against US Vice President Kamala Harris in one particularly meandering answer (the one that also recycled urban myths about immigrants eating cats). “And what, what’s going on here, you’re going to end up in World War
Trips to the Kenting Peninsula in Pingtung County have dredged up a lot of public debate and furor, with many complaints about how expensive and unreasonable lodging is. Some people even call it a tourist “butchering ground.” Many local business owners stake claims to beach areas by setting up parasols and driving away people who do not rent them. The managing authority for the area — Kenting National Park — has long ignored the issue. Ultimately, this has affected the willingness of domestic travelers to go there, causing tourist numbers to plummet. In 2008, Taiwan opened the door to Chinese tourists and in
On Tuesday, President William Lai (賴清德) met with a delegation from the Hoover Institution, a think tank based at Stanford University in California, to discuss strengthening US-Taiwan relations and enhancing peace and stability in the region. The delegation was led by James Ellis Jr, co-chair of the institution’s Taiwan in the Indo-Pacific Region project and former commander of the US Strategic Command. It also included former Australian minister for foreign affairs Marise Payne, influential US academics and other former policymakers. Think tank diplomacy is an important component of Taiwan’s efforts to maintain high-level dialogue with other nations with which it does
RSS