Recently, numerous sexual harassment and assault incidents have been exposed in Taiwan. The alledged offenders include public figures, elected representatives and school teachers at all levels.
Sexual harassment is different from sexual assault. In 2009, Taiwan enacted the Sexual Harassment Prevention Act (性騷擾防治法).
However, Article 13 of the act only states that a sexual harassment victim “can also propose a complaint against the defendant to the defendant’s organization, troop, school, institution, employer, or to the municipal and county (city) competent authorities where the defendant ... sets his or her domicile.”
In addition, the section on “compulsory indecency” in the Criminal Code overlaps with the Sexual Harassment Prevention Act.
Furthermore, if the victims are underage minors, they are protected by Article 97 of the Protection of Children and Youths Welfare and Rights Act (兒童及少年福利與權益保障法). For these reasons, sexual harassment laws are difficult to enforce.
Therefore, the Legislative Yuan should amend these laws promptly.
First, it should clearly define sexual assault, sexual harassment and indecency.
Second, it should distinguish between adults and minors based on the ages of the victims. If such cases occur on campus, due to student age differences, the legality of the schools’ gender equality committee needs to be reviewed to avoid a situation where the criminal or civil judgement is not in line with the resolution of a school committee.
Besides, if a school’s gender equality committee found a teacher guilty of sexual harassment or sexual bullying, it would terminate the teacher’s employment and prohibit them from being hired as a teacher for life. The resolution is life-changing.
However, if later the teacher, after losing their job, were to be found not guilty in a criminal or civil lawsuit, the school would have to confront long-term legal disputes inimical to its operation.
If the legislature cannot address these problems, extending the statute of limitations for sexual harassment from one year to two years might be an alternative.
Liu Yung-chien is an educator.
Translated by Eddy Chang
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