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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 02:47
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Chapter Law Content

Title: Sexual Assault Crime Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 1 General Provisions
Article 1
The Sexual Assault Crime Prevention Act (the “Act”) is enacted for the purpose of preventing sexual assault crimes and protecting the rights and interests of Victims.
Article 2
Definitions of the terms used in the Act are as follows:
1. “Sexual Assault Crime” refers to an offense (committed) in violation of any of Articles 221 to 227, Article 228, Article 229, Subparagraph 2 of Paragraph 2 of Article 332, Subparagraph 2 of Paragraph 2 of Article 334, or Subparagraph 1 of Paragraph 2 of Article 348 of the Criminal Code, or any other special laws of the Criminal Code;
2. “Offender” refers to a person convicted guilty, by a final judgment, of committing any of the offenses referred to in the preceding Subparagraph;
3. “Victim” refers to a person who is, or who is suspected of being, sexually assaulted; and
4. “Specialist” refers to a person with expertise (developed from or through professional knowledge, skills, experience, training, or education) who provides assistance in the interrogation (examination) of a child or a mentally disabled person involved in a sexual assault case.
Article 3
The competent authorities referred to in the Act are the Ministry of Health and Welfare at the central level, municipal governments at the municipal level, and county (city) governments at the county (city) level.
Article 4
The duties and responsibilities of the competent authorities and the competent regulatory authorities specified in the Act are as follows:
1. the competent authorities for the administration of social affairs: protection and assistance to Victims, regular publication of statistics related to sexual assaults, and other relevant matters;
2. the competent authorities for the administration of health affairs: medical examinations, collection of evidence, and physical and psychological treatment for Victims; physical and psychological treatment, counseling, and education for Offenders; and other relevant matters;
3. the competent authorities for the administration of education-related affairs: sexual assault prevention education at every school level (including the preschool level), protection of the right to education of Victims and their children, and other relevant matters;
4. the competent authorities for the administration of labor affairs: vocational training and employment services for Victims, protection of labor rights and interests of Victims, and other relevant matters;
5. the competent authorities for the administration of police administrative affairs: protection of personal safety of Victims; investigation of and compilation of statistics related to Sexual Assault Crimes; registration of Offenders, reporting of Offenders, visiting Offenders, access to records of Offenders; and other relevant matters;
6. the competent authorities for the administration of legal affairs and law enforcement: investigation of Sexual Assault Crimes, corrective measures and medical treatment for Offenders during imprisonment, and other relevant matters;
7. the competent authorities for the administration of immigration affairs: assistance to Victims who are nationals without registered permanent residence in the Taiwan Area, foreign nationals, stateless persons, people of the Mainland China Area, or residents of Hong Kong or Macao, that have overstayed in the Taiwan Area as a result of being sexually assaulted, in protecting their rights and interests to visit or reside in Taiwan, as well as their follow-up repatriation; and assistance in the follow-up deportation and other relevant matters of Offenders who are nationals without registered permanent residence in the Taiwan Area, stateless persons, foreign nationals, people of the Mainland China Area, or residents of Hong Kong or Macao;
8. the competent authorities for the administration of cultural affairs: handling of publications in violation of the Act and other relevant matters;
9. the competent authorities for the regulation of telecommunications and broadcasting services: handling any violation of the Act by any broadcaster, any television (company), or any other media regulated and supervised by the competent authorities in accordance with the law, and other relevant matters;
10. the competent authorities for the administration of household registration: provision of personal identification data and household registration records of Victims as well as their underage children, and other relevant matters; and
11. other sexual assault prevention measures shall be carried out by the relevant competent regulatory authorities in accordance with their respective duties and responsibilities.
Article 5
The central competent authority is responsible for the following:
1. planning, promotion, oversight, and establishment and formulation of sexual assault prevention policies and related regulations;
2. oversight of the implementation of sexual assault prevention endeavors;
3. coordination of governments of all levels in establishing procedures dealing with sexual assault cases, prevention measures against sexual assault, and corresponding medical networks;
4. promotion and education on the prevention of sexual assault;
5. building, collection, statistics compilation, and management of data of individual Victims and data of physical and psychological treatment, counseling, and education of Offenders; and
6. any other matters relating to the prevention of sexual assault.
When carrying out the matters referred to in the preceding Paragraph, the central competent authority shall select and recruit (or appoint) scholars, experts, representatives of non-governmental organizations, and representatives of relevant government agencies for consultation. The number of scholars, experts, and representatives of non-government organizations shall not be less than one-half of the total number of all people mentioned above. Any gender of all people mentioned above shall not be less than two-fifths of the total number of all people mentioned above.
Regulations governing the scope, sources, management, and use of, as well as any other relevant matters in connection with, the data referred to in the Subparagraph 5 of Paragraph 1 of this Article shall be formulated by the central competent authority.
Article 6
The competent authorities of special municipalities and counties (cities) shall integrate the operation and manpower of their agencies for the administration of affairs of police, education, health, social, labor, news, household registration, and other related agencies to establish sexual assault prevention centers, and shall coordinate relevant agencies to handle the following:
1. providing a twenty-four (24)-hour hotline service;
2. providing Victims with a twenty-four (24)-hour emergency rescue service;
3. assisting Victims in obtaining medical treatment, taking medical examinations, and collecting evidence;
4. assisting Victims in obtaining psychological treatment, counseling, emergency placement, and legal consultations and services;
5. coordinating medical institutions and facilities to set up medical teams designated to deal with sexual assault cases;
6. offering Offenders physical and psychological treatment, counseling, and education;
7. the registration of Offenders, reporting of Offenders, visiting Offenders, and access to records of Offenders;
8. referring Offenders to take rehabilitation counseling;
9. promoting sexual assault prevention education, training, and advocacy.
10. convening cross-network conferences on the prevention of recidivism of Offenders.
11. handling other matters related to the prevention and protection against sexual assault.
The sexual assault prevention centers mentioned in the preceding Paragraph may be merged with domestic violence prevention centers and shall be staffed with social workers, police, medical teams, and other professionals. The organization of the abovementioned center shall be arranged by the competent authority of the respective special municipality or of the respective county (city).
Article 7
Articles 31, 33, 34, 35, 42, and 43 of this Act apply mutatis mutandis to one who is convicted guilty, by a final judgment, of committing an offense prescribed in Paragraph 1 of Article 25 of the Sexual Harassment Prevention Act, or Paragraph 1 of Article 319-2 of the Criminal Code.
Articles 8, 9, 12, 13, 15, 16, and 18 to 28 of this Act apply mutatis mutandis to one who commits an offense prescribed in Articles 319-1, 319-2, 319-3, or 319-4 of the Criminal Code.
Articles 8, 9, 12, 15, 16, and 18 to 28 of this Act apply mutatis mutandis to one who commits an offense prescribed in Articles 304, 305, or 346 of the Criminal Code by means of sexually explicit images or images of a sexual nature prescribed in Articles 319-1, 319-2, or 319-3 of the Criminal Code.
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