中文- Sexual assault: Refers to the behavior of sexual assault crimes as defined in the Sexual Assault Prevention Act, which involves sexual intercourse or obscene acts through methods such as rape, coercion, intimidation, hypnosis, or other ways that violate the will of others.
- Sexual harassment: Refers to situations that meet one of the following conditions but do not reach the level of sexual assault:
- Engaging in unwelcome words or actions with sexual connotations or gender discrimination, either explicitly or implicitly, which affect another person's dignity, learning, or work opportunities or performance.
- Using behavior related to sex or gender as a condition for obtaining, losing, or diminishing one's learning or work-related rights or interests for oneself or others.
FAQ
- If one party involved in a sexual assault or sexual harassment incident is the school principal, teacher, staff member, worker, or student, and the other party is a student, the victim may file an application for an investigation with the Gender Equality Committee of the perpetrator's school.
- If sexual harassment occurs in a public place or general area, and the perpetrator's affiliated organization is known, a complaint can be filed based on the Sexual Harassment Prevention Act with the perpetrator’s affiliated organization (such as a government agency, military, school, institution, or employer) or the municipal or county (city) government. The perpetrator’s affiliated organization will conduct the investigation. However, if the perpetrator is unknown or if it is unclear whether they belong to an organization, the case may be transferred to the police for investigation.
During the investigation of campus sexual assault or sexual harassment incidents, the following measures will be taken to protect the complainant (victim):
- The names and other identifiable information of the parties involved in the incident, the whistleblower, and witnesses will be kept confidential during the investigation and after its completion, unless public safety considerations require otherwise.
- To protect the rights of the parties involved in terms of their education or work, the school will, if necessary, provide flexible arrangements regarding attendance, grading, reduce opportunities for interaction between the parties, or take necessary actions to avoid retaliation.
- When there is a power imbalance between the two parties, confrontation will be avoided.
- According to law, sexual harassment, apart from sexual assault crimes, refers to actions related to sex or gender that are carried out against someone's will. It must meet one of the following conditions:
- Using someone's compliance or rejection of the behavior as a condition for obtaining, losing, or diminishing rights related to work, education, training, services, programs, or activities.
- Using methods such as displaying or broadcasting text, pictures, sounds, images, or other materials, or engaging in discriminatory or insulting words or actions, or other means, that damage the dignity of others or create situations that make people fearful, feel hostility, or be offended, or improperly affect their work, education, training, services, programs, activities, or the normal course of life.
- Sexual harassment crime:
- Anyone who intends to sexually harass another person and takes advantage of their inability to resist by kissing, hugging, or touching their buttocks, chest, or other private body parts shall be sentenced to imprisonment for up to two years, detention, or a fine of up to NT$100,000.
- Legal consequences: Sexual harassment behavior may lead to criminal, civil compensation, and administrative punishment.
- Anyone who intends to sexually harass another person and takes advantage of their inability to resist by kissing, hugging, or touching their buttocks, chest, or other private body parts shall be sentenced to imprisonment for up to two years, detention, or a fine of up to NT$100,000.
- Conceptual definition
- All unwelcome verbal or physical behaviors related to sex or gender that make the victim feel uncomfortable, uneasy, offended, or insulted. In severe cases, these actions may improperly affect the victim’s normal life or damage their dignity.
- Perspective reminder:
- Sexual harassment can occur between people of the opposite sex and the same sex.
- Both men and women can be harassers or victims of harassment.
- Sexual harassment does not necessarily need to be related to "sex" or "the body"; it also includes "gender harassment."
- The criteria for defining sexual harassment prioritize the subjective feelings of the person experiencing the behavior, but also consider objective standards and the context in which the behavior occurred.
- Perspective reminder:
- All unwelcome verbal or physical behaviors related to sex or gender that make the victim feel uncomfortable, uneasy, offended, or insulted. In severe cases, these actions may improperly affect the victim’s normal life or damage their dignity.
