04:10 2024/09/22 China Times Qiu Liya, Lai Youwei, Cai Yizhen
Two years after the ” Stalking and Harassment Prevention Act” came into effect, experts lament that it is difficult to prosecute harassment by strangers. According to statistics, although written warnings from the police have certain effectiveness, about 10% of perpetrators will ignore them. Civil society groups and scholars pointed out that if harassment is caused by disease, the government should prepare relevant budgets and improve it through compulsory treatment. They also hope that written warnings will have mandatory force, such as administrative penalties, etc., so that they can be effective before the court protection order is issued. .
After a coercion victim reports a crime, the police can issue a written warning to the offender, and can further apply for a protection order from the court. Ying-Chieh Lu, a professor at the Department of Law at National Chung Cheng University who is the author of the draft of the private version of the Stalking and Harassment Prevention Act, said that although the Stalking and Harassment Prevention Act can require the perpetrator to complete a therapeutic treatment plan in the protection order, there are almost no such examples in practice. Currently, almost all judges It is handled in a similar way to domestic violence, such as restricting the perpetrator from getting close to the victim. She believes that it may be due to insufficient funds and resources, and that the court should have more appropriate two-way communication with the Ministry of Health and Welfare.
The Lixin Foundation is one of the promoters of the legislation on coquettishness. CEO Wang Yuehao said that after the public reports the crime, about 80% of the perpetrators of coquettishness will be stopped as long as the police issue a warning note, and the remaining 10% will be stopped. People may need stronger external restraint measures due to disease factors. She hopes that the government will allocate a considerable budget to implement compulsory treatment through mental health units.
Ying-Chieh Lu also said that the Stalking and Harassment Prevention Act is currently limited to gender-related harassment cases, but women’s groups have also encountered some other situations. They once heard that a department store counter sister had boys she didn’t know who kept looking at her outside every day because she didn’t know the purpose. , it is difficult to use the “Stalking and Harassment Prevention Act” to deal with it. However, the sex law can remove the gender correlation and use exemptions to exclude unnecessary cases such as debt collection, which can provide more protection for people’s rights and interests. In addition, the average time from when a person applies for a protection order to issuance is about 40 days. Currently, there is no punishment for violating written warnings. Administrative penalties should also be added to ensure this window period.
Wang, Po-Chi, a teacher at he Department of Criminal Justice of Ming Chuan University, said that in the past, the Domestic Violence Law was once used as a bargaining chip in divorce negotiations. If the other party was unwilling to sign, they would file a lawsuit for domestic violence. The Couple Law has not been implemented for a long time, and there are still rolling laws. Room for correction.