A Step Forward: The Upcoming Stalking and Harassment Prevention Act in Taiwan
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This article is part of the 32nd issue of LEAP — Voices of Youth e-letter. Subscribe now.
In April 2021, a man in Pingtung became attracted to a female staff member working at a cell phone store. In addition to sexually harassing her, he stalked her multiple times after she left work. Even though the woman reported the incidents to the police, the man did not stop harassing her. Before long, the man faked a car accident, which ultimately caused her to lose her life. This incident not only caused her family irreparable harm, but also shook all of Taiwan.
According to statistics from the National Police Agency, Ministry of the Interior, there are up to 8,000 stalking and harassment cases every year in Taiwan. Police also point out that unreported cases take up around 20%. In the meanwhile, stalking and harassing incidents continue happening, causing tragedies to occur one after another.
At the end of 2021, Taiwan finally passed the Stalking and Harassment Prevention Act in the hopes of deterring stalking and harassment.
In truth, however, Taiwan had already passed the Domestic Violence Prevention Act and the Sexual Harassment Prevention Act a long time ago to protect victims from sexual harrasment in intimate relationships, at school and in the workplace. However, the regulations were limited in their ability to protect victims from harassment by strangers.
After almost 6 years, the bill finally passed third reading by the Legislative Yuan on November 19th 2021, becoming the first act that regulates stalking and harassment behavior.
In the past, Taiwan already had many regulations to protect victims from sexual harassment in intimate relationships. Yet incidents of stalking and harassment keep happening. Given the circumstances, what exactly is the intended effect of the Stalking and Harassment Prevention Act? Why does Taiwan need this regulation?
New act closes loopholes in previous regulations
“Regarding issues related to stalking and harassment in the past, victims were not actually protected by the law.”
Kai-Chiang Chang, the secretary-general of Women in Digital Initiative, pointed out that in the past, police could only fine or admonish stalkers after they refused to follow police orders. Under these circumstances, however, not only did stalkers avoid criminal records, but victims couldn’t obtain a restraining order or other protective measures. Once the police left the area, the stalker would most likely continue. “Lurking near victim’s homes and tailing had been common in the past, but the law had not provided much protection either.”
Though restraining orders were made possible with the Domestic Violence Prevention Act, they were only applicable for lovers, spouses, or family members. The stalking and harassment conducted by strangers were not restricted by this Act.
The purpose of the Stalking and Harassment Prevention Act is to criminalize stalking and harassment, which let the victims live in fear and interrupt their everyday lives, making them criminal offenses rather than administrative fines or merely passive advice as before. As a result, offenders will now also have criminal records.
Defining stalking and harassment more clearly
Nowadays, in addition to previous laws, victims are now able to protect themselves from harassment with the Stalking and Harassment Prevention Act across different occasions. So, exactly what behaviors are regulated by this Act?
To look into this, there are 8 kinds of behavior being regulated by the Stalking and Harassment Prevention Act, including monitoring and observing, inappropriate pursuing, tailing and approaching, sending items, discrimination and belittling, damaging reputations, communications and harassment, spoofing identity information, and so on. In the past, non-stop texting, making harassing phone calls, or tailing others after work or school were regulated by the Stalking and Harassment Prevention Act.
In other words, as long as someone is facing the behaviors mentioned above, they have the right to report to the police directly. The police then must investigate and make written statements immediately, issuing written warnings to the offenders depending on the police’s authority or the victim’s request. Additional protective measures can also be taken depending on the situation. If the offender repeatedly harasses within a period of two years, the victim may apply for a restraining order from the court.
The Stalking and Harassment Prevention Act not only criminalizes stalking and harassment, but also provides a tool for deterrence. Unlike before, the court can execute criminal penalties and concrete protective measures, deterring stalking and harassment from happening in the first place.
Deterring stalking and harassment relies on the collaboration of multiple parties
Many laws and regulations in Taiwan are enacted due to the tireless efforts by people and society. Stalking and harassment in Taiwan society is now finally being regulated by law due to the large number of cases and victims. Although the law is not perfect, the existence of The Stalking and Harassment Prevention Act allows victims to seek protection through clearer laws and decrees.
After the act was signed into law, many members of the Legislative Yuan posted their opinions on social media. For instance, Yun Fan, a member of Legislative Yuan, posted on Facebook that “I hope to maximize the protection of victims of gender-based violence.”
Chun-Mi Chou, a member of the Legislative Yuan, also sent this message to the woman who passed away from the above-mentioned stalking case in April 2021, “This act is dedicated to you.”
It took a long time for The Stalking and Harassment Prevention Act to pass the third reading stage. For execution, communications and promotions in the future, more investments and adjustments are required to reduce the number of stalking and harassment cases, and build a safe society for everyone.
*The title had not been formally translated into English until we published this issue of LEAP e-letter.
Also in This Issue:
Weighing The Pros and Cons of Taiwan’s New Stalking and Harassment Prevention Act
Women’s rights organisations point out that the Stalking and Harassment Prevention Act has limits that can cut its effect in half.
Author : Evelyn Yang
Freelance writer / Graduate student in Journalism
