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

Print Time:2024/12/05 03:05
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Chapter Law Content

Title: Sexual Harassment Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 3 Victim Protection
Article 10
Promotional materials, publications, broadcast, TV, Internet or other media shall not report or record the name of the victim or any other information that is sufficient to identify the victim, unless in any of the following circumstances:
1. Subject to the victim’s prior approval, if the victim is an adult, provided that if the victim is mentally disabled or has been placed under custodianship or guardianship, the information shall be provided in a manner understandable to the victim, and if the victim has been placed under custodianship, the consent of the victim’s guardian is also required; and
2. A competent prosecutor or a competent court finds the disclosure of personally identifiable information of a victim necessary according to the laws.
When giving his consent, a custodian referred to in the proviso of Subparagraph 1 of the preceding Paragraph shall respect the will(s) of the victim who has been placed under custodianship.
When the guardian referred to in the proviso of the subparagraph 1 of Paragraph 1 of this Article is the offender, suspect or defendant in the incident of sexual harassment, the name of the victim or any other information that is sufficient to identify the victim may not be reported or recorded.
Any person other than those referred to in the proviso of Paragraph 1 of this Article may not, through the media or in any other manners, reveal to the public or disclose the name of the victim or any other information that is sufficient to identify the victim.
Unless otherwise provided by other Acts, one shall keep confidential any information sufficient to identify a victim specified in Paragraph 1 which comes to his knowledge or possession because of his occupation or profession.
Documents made known to the public by administrative agencies or judicial agencies may not reveal the name, date of birth, residential address, or any other personally identifiable information of a victim.
Article 11
During the investigation on an incident of sexual harassment, the government agencies (entities), troops, schools, police agencies, and the municipal and county (city) competent authorities shall, subject to the victim’s physical and mental condition, provide or refer to the victim consultation services, psychological counseling, legal assistance, social welfare resources and other necessary services.
Article 12
A person who has sexually harassed another person should take the responsibility of offering compensation for damage.
In the case provided in the preceding Paragraph, the injured party may still claim an equitable compensation in money for a non-pecuniary loss. If reputation is harmed, a proper punishment of restoring reputation is required.
In the case of the damages referred to in the preceding two Paragraphs resulting from power-abused sexual harassment, the court may, upon request and on the basis of the severity of the infringement, award damages equivalent to 1~3 times of the proven loss.
Article 13
If an employee or the responsible person of an institution sexually harass another person by taking advantages of his or her official position, according to Paragraph 2 of the preceding Article, his or her employer or the institution shall provide adequate assistance when a proper punishment of restoring the victim's reputation back is required.
Where a student or trainee sexually harasses another person when receiving education or training in a school, or educational or training institution, according to Paragraph 2 of the preceding Article, the school or educational or training institution shall provide adequate assistance when a proper punishment of restoring the victim's reputation is required.
The requirements referred to in the preceding two Paragraphs shall not apply to the government agencies (entities) and troops.
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