The National Police Agency (NPA) has sent the Executive Yuan draft legislation seeking to raise the penalties for stalking and harassment, and give police the power to intervene faster after a complaint has been filed.
A surge in violent assaults by stalkers in the past few years has shown that new legal tools are needed to confront the problem, NPA officials said Saturday.
Many of the perpetrators are former boyfriends or girlfriends who stalk and harass former lovers who terminated the relationship or people who were not interested in them, the officials said.
At present, the law, including the Domestic Violence Prevention Act (家庭暴力防治法), cannot adequately protect the victims of such crimes, for unless there is actual physical assault by the stalker or bodily contact, they can escape with just a light fine, the officials added.
One such case was a male student at Shih Hsin University in Taipei, surnamed Chen (陳), who had had a crush on a female student surnamed Shih (石) ever since she was a first-year high school student and had stalked her for years, they said.
Although Shih in early November 2017 had reported his behavior to a police station in New Taipei City’s Banciao District (板橋) and asked police to stop him, Chen attacked her in a university hallway on Dec. 11, 2017, slashing her neck and shoulder with a small fruit knife. Shih was not seriously injured.
Another case cited by the NPA officials was that of a Changhua County senior-high school student surnamed Wu (吳), who attacked a student at another high school with a knife because she had rejected him when they were in junior-high school together.
The victim in that case also survived, but not everyone has been so lucky, the officials said.
Under the proposed legislation, a suspect could be investigated for stalking, making threats, physical or verbal harassment, and if the evidence supports the allegations, they could be punished for contravening the Sexual Harassment Prevention Act (性騷擾防治法), the Gender Equity Education Act (性別平等教育法) or the Act of Gender Equality in Employment (性別工作平等法).
If the offender commits a similar violation within a year of repeated harassment, uttering threats, forcible confinement, assault or other actions deemed to cause the victim fear and affects their normal life, then they would be deemed to have committed the crime of “stalking and harassment” under the proposed bill.
The bill would permit police to intervene in cases where the victim’s well-being or life appears to be under threat by directly visiting the alleged perpetrator to warn them, or in cases of an emergency, they could take action to secure potential evidence, check identities and search background records.
If the proposal becomes law, police officers would be authorized to apply for restraining orders from a court, while a victim who has filed a judicial complaint, and is faced with continued stalking and harassment while their case is under investigation or within two years of a convicted offender serving their sentence, can apply directly for a restraining order.
Restraining orders could prohibit harassment, body contact, stalking, personal communications, conversing on telephones or digital devices, as well as bar the disseminating or disclosure of personal information or images, or the use of demeaning and discriminatory remarks, under the proposal.
The bill would also bar stalkers from being near “the workplace, and specific sites frequented by the victim” and forbid them from acting in a way that would violate the victim’s personal safety.
The draft calls for a maximum prison sentence of three years and a maximum fine of NT$300,000 — with an additional punishment of 1.5 times the initial term if an offender has violated a restraining order.
It also proposes authorizing the court, prosecutors or the police to place a suspect or offender under mandatory medical or psychiatric treatment, based on the offender’s mental or physical conditions.
FREEDOM OF NAVIGATION: The UK would continue to reinforce ties with Taiwan ‘in a wide range of areas’ as a part of a ‘strong unofficial relationship,’ a paper said The UK plans to conduct more freedom of navigation operations in the Taiwan Strait and the South China Sea, British Secretary of State for Foreign, Commonwealth and Development Affairs David Lammy told the British House of Commons on Tuesday. British Member of Parliament Desmond Swayne said that the Royal Navy’s HMS Spey had passed through the Taiwan Strait “in pursuit of vital international freedom of navigation in the South China Sea.” Swayne asked Lammy whether he agreed that it was “proper and lawful” to do so, and if the UK would continue to carry out similar operations. Lammy replied “yes” to both questions. The
‘OF COURSE A COUNTRY’: The president outlined that Taiwan has all the necessary features of a nation, including citizens, land, government and sovereignty President William Lai (賴清德) discussed the meaning of “nation” during a speech in New Taipei City last night, emphasizing that Taiwan is a country as he condemned China’s misinterpretation of UN Resolution 2758. The speech was the first in a series of 10 that Lai is scheduled to give across Taiwan. It is the responsibility of Taiwanese citizens to stand united to defend their national sovereignty, democracy, liberty, way of life and the future of the next generation, Lai said. This is the most important legacy the people of this era could pass on to future generations, he said. Lai went on to discuss
AMENDMENT: Climate change is expected to increase the frequency of high-temperature days, affecting economic productivity and public health, experts said The Central Weather Administration (CWA) is considering amending the Meteorological Act (氣象法) to classify “high temperatures” as “hazardous weather,” providing a legal basis for work or school closures due to extreme heat. CWA Administrator Lu Kuo-chen (呂國臣) yesterday said the agency plans to submit the proposed amendments to the Executive Yuan for review in the fourth quarter this year. The CWA has been monitoring high-temperature trends for an extended period, and the agency contributes scientific data to the recently established High Temperature Response Alliance led by the Ministry of Environment, Lu said. The data include temperature, humidity, radiation intensity and ambient wind,
SECOND SPEECH: All political parties should work together to defend democracy, protect Taiwan and resist the CCP, despite their differences, the president said President William Lai (賴清德) yesterday discussed how pro-Taiwan and pro-Republic of China (ROC) groups can agree to maintain solidarity on the issue of protecting Taiwan and resisting the Chinese Communist Party (CCP). The talk, delivered last night at Taoyuan’s Hakka Youth Association, was the second in a series of 10 that Lai is scheduled to give across Taiwan. Citing Taiwanese democracy pioneer Chiang Wei-shui’s (蔣渭水) slogan that solidarity brings strength, Lai said it was a call for political parties to find consensus amid disagreements on behalf of bettering the nation. All political parties should work together to defend democracy, protect Taiwan and resist