Gender News in Taiwan
2021.11.19
New anti-stalking bill clears Taiwan's Legislature

Taipei, Nov. 19 (CNA) Legislators passed a new law Friday aimed at preventing stalking and harassment in Taiwan that subjects violators to a maximum punishment of five years in prison.

Passage of the Stalking and Harassment Prevention Act, which was given momentum by a murder in April in which a Pingtung County woman was killed by a man who had stalked her for two months, means that law enforcement officers will be allowed to intervene early to protect victims.

The act defines stalking and harassment as continuous or repeated actions of harassment that are related to sex or gender and frighten the victims, causing a negative impact on their daily lives and may result in a major crime.

The new law list eight types of behavior as constituting stalking and harassment, including watching and trailing, tailing and approaching, threatening and insulting, and committing harassment over the internet.

It also covers pursuing a relationship in an inappropriate manner, sending messages or delivering video clips or other objects by mail to another person, tarnishing the reputation of a potential victim, and using the identity of another person to buy goods.

The act stipulates that law enforcement authorities can only investigate a case if a complaint from the person who has been stalked or harassed is filed with the police.

Law enforcement authorities shall then issue a written warning to the violator. If the person is found to engage in the same behavior again within two years of when the warning was issued, the victim, police or prosecutors can apply for a restraining order for up to two years.

An extension is allowed prior to the expiration of the order, but it is limited to two years at most, according to the new law.

Those who are prosecuted after an investigation and found guilty of any of the eight actions could face a penalty of up to one year in jail and/or a fine of up to NT$100,000 (US$3,593).

Those found guilty of stalking or harassing a victim while carrying a lethal or otherwise dangerous weapon will be subject to up to a five-year prison sentence and/or a fine of up to NT$500,000.

Anyone who violates a restraining order is subject to a three-year jail sentence and/or a fine of up to NT$300,000, according to the new law.

In addition, if a person is suspected of stalking or harassing a victim while having a lethal weapon on their person, or violating a restraining order, the individual can be ordered to be taken into custody, according to the law.

Before voting on the new act, some opposition lawmakers argued that the definition of stalking and harassment in the proposed law by the Cabinet should not be limited to actions related to sex or gender.

The ruling Democratic Progressive Party, which enjoys the majority of the 113 seats at the Legislature, contended, however, that without the condition, the law could be easily abused.

After passage of the legislation, the Ministry of the Interior said in a statement that the new law, which will offer timely protection to stalking and harassment victims, will take effect six months after the law is formally proclaimed.

Before the new law's implementation, the ministry will submit supporting regulations and train police officers to execute the law, the ministry said.

(By Lin Yu-hsuan, Wang Cheng-chung, Lai Yu-chen and Elizabeth Hsu)

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