Legislators, lawyers and women’s rights advocates on Friday called for legislative amendments to introduce heavier penalties for sexual assault enabled by abuse of power.
Democratic Progressive Party (DPP) Legislator Fan Yun (范雲), lawyers and members of the Garden of Hope Foundation told a news conference in Taipei that amendments to the Criminal Code are needed to prevent a recurrence of the sexual assault cases the nation has seen in the past few months.
Legislation has failed to deter numerous offenders in positions of power from committing sexual assault, including national sports team coaches allegedly assaulting female athletes, the leader of a cult who was last month found guilty of having assaulted 237 female cult members and a senior New Taipei City Government official who allegedly assaulted a female city Department of Health official who later committed suicide, the group said.
Photo provided by Fan Yun’s Legislative Yuan office
Article 228 of the Criminal Code stipulates that offenders abusing power toward the purpose of committing sexual assault against those under their supervision are subject to between six months and five years imprisonment, which is lower than the three to 10 years imprisonment for sexual assault cases not involving power abuse.
In past sexual assault cases involving power abuse, judges have said that the victims had to some degree autonomy in deciding whether to engage in the sexual activity, the group said.
However, this autonomy is only superficial, and the victims being “compelled” to engage in the activity against their will is no less coercive than physical force, the group said.
Many offenders are aware of the lower penalties for offenses involving power abuse and take advantage of this, Fan said, adding that it was a “loophole” in the Criminal Code.
Those who abuse their power to commit sexual assault not only fail in their responsibility to protect those dependent on them, but also take advantage of the victims’ trust, Garden of Hope Foundation executive director Wang Yue-hao (王玥好) said, adding that lighter sentences for such offenses are unacceptable.
Fan said she would submit a proposal for an amendment to the article with equal sentences for sexual assault crimes, whether or not involving abuse of power.
The proposal would also call for the scope of the article to be expanded to offenses committed by leaders of religious organizations, those who are dealing with job seekers and those who are sports coaches or teachers at cram schools, she said.
Over the past seven years 3.7 percent of all sexual assault cases involved abuse of power, but the actual number is likely much higher, as victims are often afraid to speak out against superiors, Fan said.
There also tends to be a social stigma against those who bring lawsuits against superiors for sexual assault, she added.
The legislative amendment would only be the first step, she said, adding that she would seek to improve education about sexual assault and ask the Ministry of Education, the judiciary and the National Police Administration to ensure a general consciousness regarding sexual assault.
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