Several NGOs yesterday urged Constitutional Court justices to overturn the 20-year statute of limitations for rapes of minors before 2006, so that such cases could proceed and the rights of those who were abused could be protected.
Speaking at a news conference, the groups cited a Ministry of Justice statistic stating that over the past 20 years, 1,097 victims of rape could not press charges against their perpetrators because of the statute of limitations.
The groups, including the Nuan Nuan Sunshine Association and Citizen Congress Watch, said that they have made contact with more than 60 such survivors.
Photo: CNA
Thirty of them have initiated legal action, the groups said.
Ninety percent of the 30 survivors were under the age of 18 when they were allegedly assaulted, but the law as it existed prior to 2005 did not account for the delayed disclosure of sexual abuse often seen in such cases, they said.
That resulted in survivors being restricted by strict statutes of limitations once they reached adulthood, the groups said.
After the law was amended in 2005 and took effect in 2006, the statute of limitations for rapes of minors was extended to 30 years, but not having any statute of limitations might be the best approach, the groups said.
Several countries, including Germany, the US, Japan, Austria, Denmark and Italy, have all extended or abolished the statute of limitations for such cases, and Taiwan should ensure that legal protections for rape survivors match universal standards and truly protect minors' rights, they said.
Beyond appealing to the Constitutional Court for help, the groups also called on the Executive Yuan to amend the Criminal Code to further extend or abolish the statute of limitations for rape.
They also recommended that the Executive Yuan revise time limits for compensation claims under the Civil Code, the State Compensation Act (國家賠償法) and the Crime Victim Rights Protection Act (犯罪被害人保護法).
Democratic Progressive Party (DPP) lawmakers backed the groups at the news conference.
DPP Legislator Fan Yun (范雲) said that she has assisted in multiple cases involving the rape of a minor.
Many victims were sexually abused over long periods by family members or teachers, she said.
They were unable to seek justice because the statute of limitations had expired, allowing perpetrators to claim innocence, she said.
In 2022, she proposed an amendment that would have initiated the statute of limitations from when survivors reached adulthood, rather than from when the offense was committed, Fan said.
Fan urged the Constitutional Court justices to recognize the rights of minors who have been sexually assaulted, and called on opposition lawmakers to approve the nominations of new justices to ensure victims can receive the justice they deserve.
She was referring to a case accepted by the Constitutional Court in March last year, which is to determine whether the statute of limitations for sexual assault cases prior to 2006 is constitutional.
A ruling has yet to be made, partly due to a shortage of justices serving on the Constitutional Court, because the legislature, which is controlled by opposition parties, has not confirmed candidates nominated by the DPP administration.ties, has not confirmed justice candidates nominated by the DPP administration.
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