After six years of advocacy, negotiations and numerous preventable tragedies, Taiwan finally has an anti-stalking law. On Friday, the Legislative Yuan passed the Stalking and Harassment Prevention Act (跟蹤騷擾防制法), which makes stalking a crime that is punishable by up to five years in prison. The act takes effect in six months.
It focuses on eight major kinds of stalking and harassment behaviors that repeatedly target a person against their will, ranging from surveillance and tailing to threats, unwanted advances and Internet harassment. This list seems comprehensive enough for now, and police are empowered to launch an investigation, arrest suspects and advise a court to detain them.
While the law appears to be a step up from previous legislation, which were criticized for having definitions of “stalking” that were too specific or lacking enough preventive measures, women’s groups have still pointed out several aspects of the new law that are worrisome.
Of most concern is the “sexual or sex-related motive” clause, which was hotly debated in legislative sessions. While such motives are frequently behind stalking behavior, as seen in several high-profile cases of stalking violence in the past few years, critics say that the clause makes it easy for suspected perpetrators to simply deny that their actions had a sexual motivation.
If a stranger watches someone every day from the same spot or frequently sends seemingly innocuous messages online, but does nothing further, it could be difficult for the victim to prove that the intent is sexual or sex-related.
Time will tell how law enforcement and the justice system handle this; hopefully they will use their judgement and refrain from being “dinosaurs.”
The government and law enforcement understandably want to narrow the scope of the law because of limited resources and implementation issues, but there are alternatives to limiting it in this manner.
The law does not allow for situations in which people are stalked by someone who is angry at them, wants money from them or is prejudiced against them. There are so many nonsexual behaviors that can motivate stalkers.
The law also lacks an immediate protection mechanism for cases that could turn violent: Police issue offenders a written warning, and victims can only request a protection order if the perpetrators exhibit the behavior again within two years.
Victims often do not report incidents to the authorities until something is seriously wrong. How can law enforcement officials be sure that the perpetrator will not become furious over being reported and do something extreme to their target?
Still, stalking victims have suffered without protection for too many years. The law’s effectiveness should be closely monitored, especially the number and nature of cases dismissed because the targeted person could not prove that the stalker’s motive was sexual or sex-related.
The government should take this opportunity to educate people about their rights, and explain — especially to those afraid that the law limits their “love lives” — how people can make romantic or sexual advances while respecting people’s boundaries and obtaining consent.
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