No Support JavaScript

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

Print Time:2024/11/23 19:51
:::

Chapter Law Content

Title: Sexual Assault Crime Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 3 Victim Protection
Article 14
Medical institutions may not, without justification, refuse to provide medical treatment or issue a medical certificate of diagnosis to a Victim.
When providing diagnosis and medical treatment to a Victim, a medical institution shall arrange nursing staff to accompany the said Victim, protect the privacy of the said Victim, and provide a safe and appropriate medical environment.
The format of a medical certificate of diagnosis referred to in Paragraph 1 of this Article shall be formulated by the central competent authority.
Article 15
Unless the law provides otherwise, one shall keep confidential the name, date of birth, residential address, or any other personally identifiable information of a Victim, known to him or in his possession by reason of his office or employment.
The police shall take measures to protect the safety of Victims when necessary.
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 16
No (entity or organization of any) publicity materials, publications, broadcast, television, Internet source, or any other types of media, may report or cover the name or any other personally identifiable information of a Victim. However, the aforesaid does not apply to any of the following circumstances:
1. a grown-up Victim has consented to the report or covering of his personally identifiable information. However, if a Victim is mentally disabled or has been placed under custodianship or guardianship, the information shall be provided (to the said Victim during the process of obtaining the consent of the said Victim to the report or covering of personally identifiable information of the said Victim) in a manner understandable to the said Victim. Moreover, the report or covering of personally identifiable information of a Victim who has been placed under custodianship requires the consent of the said Victim’s custodian (to the said disclosure); or
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 wish(es) of the Victim who has been placed under custodianship.
When a custodian referred to in the proviso of Subparagraph 1 of Paragraph 1 of this Article is a suspect or a defendant of a Sexual Assault Crime, the name or any other personally identifiable information of a Victim may not be reported or recorded.
Any person other than those referred to in Paragraph 1 of this Article may not, through the media or other means, reveal to the public or disclose the name or any other personally identifiable information of a Victim.
Article 17
Unless the Code of Criminal Procedure provides otherwise or a Victim is unconscious or unable to give his consent, a medical examination on and collection of evidence from a Victim shall be conducted only with the consent of the said Victim and in accordance with any of the following:
1. if a Victim is mentally disabled or has been placed under custodianship or guardianship, the information shall be provided (to the said Victim during the process of obtaining the consent of the said Victim to the conduction of a medical examination on or collection of evidence from the said Victim) in a manner understandable to the said Victim. Moreover, a medical examination on, and collection of evidence from, a Victim who has been placed under custodianship requires the consent of the custodian of the said Victim; or
2. a medical examination on, and collection of evidence from, a Victim under twelve years old requires the consent of the guardian(s) of the said Victim.
When giving his consent, a custodian referred to in Subparagraph 1 of the preceding Paragraph shall respect the wish(es) of the Victim who has been placed under custodianship.
When giving his consent, a guardian referred to in Subparagraph 2 of Paragraph 1 of this Article shall consider the best interest of the child concerned as a priority and weigh the said child’s opinion according to the mental maturity of the said child.
A medical examination and collection of evidence may nonetheless be conducted when a custodian or a guardian referred to in Subparagraph 1, or Subparagraph 2, of Paragraph 1 of this Article is unknown, hard to reach, or a suspect of a Sexual Assault Crime.
Any evidence collected pursuant to Paragraph 1 of this Article shall be placed in an evidence bag, and the judicial police agency shall immediately deliver the said evidence to the National Police Agency of the Ministry of the Interior for forensic examination. The forensic report shall be properly preserved in accordance with the law.
Prior to the institution of a complaint, or the filing of a private prosecution, by a Victim against a Sexual Assault Crime requiring the institution of a complaint by a Victim, the judicial police agency shall deliver the evidence (related to the said Sexual Assault Crime) to the competent authority of the special municipality or county (city), where the said Sexual Assault Crime took place, for the safekeeping of the said evidence. Except that the suspect (of the said Sexual Assault Crime) remains unknown, the competent authority keeping the aforesaid evidence may destroy the said evidence after keeping the said evidence for six (6) months.
Article 18
A guardian, spouse, lineal or collateral consanguinity within the third degree of kinship, parent, family member, physician, psychiatrist, counselor, or social worker of a Victim, or anyone whom a Victim trusts, may accompany the said Victim during an investigation or a trial, and the accompanying companion may state his or her opinion.
The preceding Paragraph does not apply to an eligible accompanying companion referred to in the preceding Paragraph if the said accompanying companion is a suspect or a defendant of a Sexual Assault Crime or if a prosecutor, a prosecutor’s investigator, a judicial police officer, or a judicial policeman believes that the presence of the said accompanying companion will obstruct the investigation process.
Unless it is clearly unnecessary, the competent authority of the responsible special municipality or county (city) shall appoint a social worker to be present and accompany a child or juvenile Victim during an investigation or a trial, and the appointed social worker may state his or her opinion.
Article 19
During an investigation or a trial, a Specialist must be present and assist in an interrogation (examination) of a child or mentally disabled Victim when a judicial policeman, a judicial police officer, a prosecutor’s investigator, a prosecutor, or a judge finds it necessary.
A Specialist referred to in the preceding Paragraph shall, prior to the beginning of the interrogation (examination) of a child or mentally disabled Victim, evaluate the communication ability and needs of the said Victim, and offer an explanation about the result of his or her assessment, as well as his or her corresponding suggestions, to the responsible judicial police, judicial police officer, prosecutor’s investigator, prosecutor, or judge (conducting an investigation of or presiding at the trial for the said Sexual Assault Crime).
When providing assistance in an interrogation (examination) of a Victim in accordance with Paragraph 1 of this Article, a Specialist may offer proper suggestions if a question raised by a judicial policeman, a judicial police officer, a prosecutor’s investigator, a prosecutor, a judge, a defendant, or a defense counsel of a defendant is inappropriate or could not be properly answered by the said Victim. A Specialist may, when necessary, and with the permission of the responsible judicial police, judicial police officer, prosecutor’s investigator, or prosecutor in an investigation, or with the permission of a judge presiding at the trial, interrogate a Victim directly.
A judicial policeman, a judicial police officer, a prosecutor’s investigator, a prosecutor, a judge, a defendant, or a defense counsel of a defendant, may use a one-way mirror, audio-visual transmission technical equipment, or other appropriate isolation measures to facilitate the assistance provided by a Specialist in an interrogation (examination) of a child or mentally disabled Victim.
The entire process of an assessment of and that of an interrogation of a child or mentally disabled Victim directly conducted by a Specialist during an investigation or a trial shall be audio-recorded and video-recorded.
Article 20
The provisions prescribed in Sections 2 and 3 of Chapter 12 of the Code of Criminal Procedure shall apply mutatis mutandis to the matters conducted by a Specialist when the said Specialist provides assistance in an interrogation (examination) of a child or mentally disabled Victim in accordance with the preceding Article.
Regulations governing the qualification(s) of, criteria for, remuneration payment(s) to, ways to offer an explanation or a suggestion, and other matters related to a Specialist referred to in the preceding Article shall be formulated by the central competent authority after consulting relevant agencies.
Article 21
The two preceding Articles shall apply mutatis mutandis to a child or mentally disabled Victim in a juvenile protection matter or a juvenile criminal case.
Article 22
In addition to the application of relevant provisions prescribed in the Code of Criminal Procedure or the Juvenile Justice Act, Article 19 of this Act may, if necessary, apply mutatis mutandis when a suspect, a defendant, or a juvenile in a juvenile protection matter, is mentally disabled.
Article 23
An examination or questioning of a Victim by a court may, upon petition or sua sponte, be conducted outside the court, via audio or video transmission technical equipment, or via any other appropriate isolation measures, so as to separate a Victim from a defendant or a judge.
A court shall adopt the isolation approach prescribed in the preceding Paragraph when a child Victim, a juvenile Victim, a mentally disabled Victim, or a physically or psychologically injured Victim is unable to make a free or complete statement during a face-to-face questioning in court.
A court may conduct an examination of a Victim instead when a party, or a defense counsel of a defendant, is forbidden from questioning a Victim because the said party, or the said defense counsel, inappropriately questioned the said Victim.
Neither a defendant nor his defense counsel may raise any question about, or present, any evidence of a Victim’s sexual experience with any person other than the said defendant, unless the court finds it necessary.
Article 24
During an investigation or a trial, the prosecution or the court may, sua sponte or upon petition, appoint or choose an expert witness from a relevant professional field to provide his professional opinion. The opinion provided by the aforesaid appointed or chosen expert witness summoned to be present in court may be admitted as evidence for the trial, and Articles 163 to 171, Article 175, and Article 199 of the Code of Criminal Procedure apply mutatis mutandis.
Article 25
A court shall immediately take action to stop any statement or action by a defendant or his defense counsel during the trial that implies any sexual discrimination against a Victim.
Article 26
A statement made by a Victim to a prosecutor’s investigator, a judicial police officer, or a judicial policeman during an investigation, which has been proven to be plausible and is necessary for establishing the facts relevant for the determination of guilt (or innocence), may be admitted as evidence for a trial, if any of the following occurs or applies to a Victim during the trial:
1. a Victim is unable to make a statement due to the physical or psychological trauma suffered by the said Victim as a result of sexual assault;
2. a Victim is unable to or refuses to make a statement during the examination or questioning at the trial due to physical or psychological pressure; or
3. a statement made during an interrogation (examination) conducted in accordance with Article 19 of this Act.
A statement made by a Victim during an interrogation directly conducted by a Specialist, in an investigation process, in accordance with the latter part of Paragraph 3 of Article 19 of this Act, may be admitted as evidence, except that the statement made by a Victim is clearly implausible.
Article 27
A trial for a Sexual Assault Crime is not open to the public. However, a trial for a Sexual Assault Crime may be made public on condition that a Victim of the said Sexual Assault Crime is an adult and making the said trial public has been consented to by the said Victim and is found necessary by the court.
If a Victim referred to in the preceding Paragraph is mentally disabled or has been placed under custodianship or guardianship, the information shall be provided (to the said Victim during the process of obtaining the consent of the said Victim to make the abovementioned trial public) in a manner understandable to the said Victim. Moreover, making the abovementioned trial public requires the consent of the custodian of a Victim if the said Victim has been placed under custodianship. When giving his consent, the abovementioned custodian shall respect the wish(es) of the Victim who has been placed under custodianship.
When a custodian referred to in Paragraph 2 of this Article is a defendant of the said Sexual Assault Crime, the trial for the said Sexual Assault Crime shall not be made public.
Article 28
Upon application of a Victim, the competent authority of the special municipality or county (city) shall provide the following subsidies:
1. fees for medical treatment, medical examination, or collection of evidence, any of which is not covered by National Health Insurance, as well as fees for psychological recovery;
2. litigation fees and lawyer’s fees; and
3. other costs.
Self-government ordinances and regulations governing the candidates entitled to, criteria for, the amount of, and other matters related to the abovementioned subsidies, referred to in the preceding Paragraph, shall be formulated by the competent authorities of the responsible special municipality or county (city).
Web site:Laws & Regulations Database of The Republic of China (Taiwan)