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Title: Regulations Governing Reporting, Classification, and Categorization of Sexual Assault Cases CH
Announced Date: 2016-07-27
Category: Ministry of Health and Welfare(衛生福利部)
Article 1
The Regulations are established in accordance with Paragraph 4 of Article 8 of the Sexual Assault Crime Prevention Act(hereinafter referred to as the Act).
Article 2
The municipal and city/county competent authorities shall designate officers to be responsible for handling reported sexual assault cases.
Article 3
The reporting of sexual assault cases to the municipal and city/county competent authorities, as set forth in Paragraph 1 of Article 8 of the Act, shall be done by means of transmissions via the Internet, telecommunication, or any other technological equipment. In cases of emergency, the reporting of sexual assault cases may first be done verbally or by telephone communication, and a supplementary report form shall be submitted within 24 hours.
Attention shall be paid to protecting the confidential data or privacy of victims in the course of the reporting of sexual assault cases as set forth in the preceding paragraph. Unless otherwise provided by law, disclosure of such data or privacy for any reason is prohibited.
Article 4
Any person other than those specified in Paragraph 1 of Article 8 of the Act may report alleged sexual assault offences known to him/her to the municipal or city/county competent authorities by the means specified in Paragraph 1 of the preceding article or by any other means.
Article 5
Cases reported in accordance with the preceding two articles shall be handled by the municipal or city/county competent authorities that accept the reporting of sexual assault cases. In the event that two or more municipal or city/county competent authorities accept the same victim’s case, the municipal or city/county competent authority that has jurisdiction over the domicile or residence of the victim shall handle the case. However, the municipal or city/county competent authority that has jurisdiction over where the victim is located shall handle the case under emergency circumstances.
The municipal or city/county competent authorities that accept the reporting of sexual assault cases may, depending on the requirements of the case, refer the case to the municipal or city/county competent authority that has jurisdiction over the domicile or residence of the victim for any further action.
Article 6
The municipal and city/county competent authorities shall, within 24 hours after learning of a case or receiving a report done in accordance with Article 3 or 4, classify the reported case according to the following methods:
1. Class 1: Under emergency circumstances that require a immediate rescue, medical diagnosis and treatment, medical examination, or evidence collection;
2. Class 2: Under circumstances other than those specified in the preceding subparagraph.
Article 7
Upon classification in accordance with the preceding article, the municipal and city/county competent authorities shall proceed with the following categorization according to the identity of the victim and details reported:
1. Category 1: The victim is a child, an adolescent, or a person with physical or mental disabilities;
2. Category 2: The victim is 18 years old or over and has no physical or mental disabilities;
3. Category 3: The victim is in any circumstances other than those set forth in the preceding two subparagraphs.
Article 8
The municipal and city/county competent authorities shall comply with the following provisions in handling all of the reported Class 2 cases, as defined in Article 6:
1. Category 1:
(1) The suspect is a parent, a guardian, or any other actual caregiver or family member: The needs of the victim for safety and placement shall be determined, and evaluations and actions shall be conducted based on the victim's mental and cognitive development and the degree of disability as well as the family support system.
(2) The suspect is a person other than those who are listed in the preceding item: Due regard shall be given to the rights and interests of the guardian or legal representative of the victim; the psychosocial needs of the victim shall be evaluated and intervened; the assistance to the victim shall be provided with adaquate and intergrated resources, and the whole course of handling the case shall adhere to the requirements in the Act and other applicable laws and regulations.
(3) A visit to the victim is required; however, this provision would not applicable if there were significant difficulties for such a visit to be taken place.
(4) An investigation report that contains details of the communication and handling as well as evaluation records shall be filed in accordance with applicable laws and regulations.
2. Category 2: Due regard shall be given to the juridical rights of the victim, evaluations on his/her psychosocial needs shall be conducted, and relevant protective and supportive measures, such as physical and psychological treatment, counseling, legal aid, and employment services shall be provided.
3. Category 3: Relevant communication or inquiry records shall be kept.
Article 9
The municipal and city/county competent authorities shall observe the provisions of the preceding article in handling cases in all categories, with the exception of the reported Class 1 cases defined in Article 6, which shall be handled in accordance with Subparagraph 1 of the same article.
Article 10
In the case where the pre-examination visits and evaluations were conducted for the purpose of eliminating victims of sexual assault from making repeated statements (hereinafter referred to as the eliminating repeated statements procedure), social workers shall fill out a pre-examination visit form for the eliminating repeated statements procedure and to evaluate whether the victim is suitable for an interrogation/examination. This form shall be hand in to judicial policemen/investigator who then shall submit this form to a juvenile court judge, a prosecutor, or a military prosecutor who has the jurisdiction to handle the case.
If the victim in the case set forth in the preceding paragraph is subject to the order of the commencement of guardianship, to the order of commencement of assistance or is under the age of 12, the approval from his/her guardian, assistant, or legal representative is required through providing their consent to undertake the eliminating repeated statements procedure. Nevertheless, this provision is not applicable if the aforesaid guardian, assistant, or legal representative is the sexual assault suspect or defendant of this case.
Article 11
The municipal and city/county competent authorities may provide appropriate protection and assistance for any of the following circumstances:
1. When the suspect is a child, an adolescent, or a person with physical or mental disabilities, tailor-made resources may be recruited in order to provide adaquate assistancefor the suspect during the investigation and trial procedures.
2. When the parties are in any of the relationships defined in Article 3 or 63-1 of the Domestic Violence Prevention Act, the municipal and city/county competent authorities may represent the victim or help the victim to apply for a civil protection order.
3. When the victim is a foreign worker, a request may be made to the authority in charge of the said worker to provide assistance in changing the employer, protection, placement, companionship, interpretation, legal aid, and other matters.
4. In the event that the victim is required to undertake an interrogation/examination during the legal proceeding, prior to that procedure, the municipal and city/county competent authorities may help the victim apply for an out-of-the-court room aproval that, by means of using audio or video transmission technology and equipment or other appropriate partitioning measures, separate the victim from the defendant, judge, or military judge
5. If the offender is a lineal or collateral relative of the victim and is released from the prison, an evaluation on the protective functioning of the family of the victim shall be conducted based on the age, degree of disability, and the willingness of the victim, as well as following up on the safty of the victim.
Article 12
The municipal and city/county competent authorities shall combine the efforts of the juridical, police, health, education, labor, immigration, correction, civil affairs, and other relevant authorities to carry out the promotions, education, and training regarding the reporting and handling of sexual assault cases according to the general conditions of the sexual assault cases within their jurisdiction.
Article 13
The municipal and city/county competent authorities shall strengthen the coordination and communication among reporting units across the disciplines, and shall coordinate with responsible units to investigate and handle any cases for which the reporting responsibility is unfulfilled.
Article 14
The Regulations shall take effect immediately upon promulgation of this Act.