Women and Justice: Keywords

Domestic Case Law

司法院大法官會議第617號解釋 (J.Y. Interpretation No. 617) Constitutional Court of Taiwan (2006)

Sexual violence and rape

Article 235 of the Criminal Code provides for criminal penalties for people who distribute, broadcast or sell “obscene” material, and to people who manufacture or possess obscene material “with the intent to distribute, broadcast or sell.” The Court held that the term “obscene” is not an indefinite “concept of law,” but rather includes material containing, among other things, violent or sexually abusive content. As such, the Court held that the law is a reasonable restraint on free speech and free publication. Thus, the law is constitutional and bans, among other things, material that includes violent or sexually abusive content.



性侵害犯罪防治法 (Sexual Assault Crime Prevention Act) (2015)

Sexual violence and rape

The Sexual Assault Crime Prevention Act (the “SACPA”) defines and aims to prevent sexual assault crimes and protect the rights of victims. The SACPA sets out the responsibilities and competencies of relevant authorities which include drafting and implementing policies and regulations, supervising and investigation incidents, producing statistics of sexual assault incidents, and establishing a national archive of sexual offenders. It also prescribes several requirements, some of the more notable ones being the establishment of Sexual Assault Prevention Centers, having all students in middle and primary schools undergo at least four hours of courses on sexual assault prevention, and obliging certain personnel to report suspected sexual assault incidents within 24 hours. Sexual assault offenders are liable to pay a fine. In certain cases, they may be ordered to receive physical and psychological treatment or counseling education. Sexual assault offenders must also register their information with, and regularly report to, the police. Repeat offenders may be imprisoned or institutionalized.


性別平等教育法 (Gender Equity Education Act) (2018)

Gender discrimination, Sexual harassment, Sexual violence and rape

The Gender Equity Education Act (the “GEEA”) aims to encourage respect for gender diversity, eliminate gender discrimination and promote substantive gender equality through education. The GEEA charges the competent authorities (as well as schools) with establishing gender equity education committees whose tasks include drafting regulations and policies, coordinating resources, supervising gender equity-related activities and promoting research and development of curricula, teaching and assessments. Under the GEEA, schools must provide a safe, gender-fair learning environment by respecting, giving due consideration to, and not discriminating against prospective students, students, faculty, and staff of different genders. Schools shall strive towards this objective by taking steps such as integrating gender equity education into their curriculum, providing gender equity education when training new staff members, reporting known incidents of sexual assault, sexual harassment or sexual bullying within 24 hours and promptly handling and investigating such cases. Schools and any principal, faculty or staff member found to be in violation of the GEEA may be subject to a fine. Persons may also be dismissed or discharged from employment.