What is sexual harassment?

What is “sexual harassment”?  It means the words and deeds related to sex or gender that are against the accepter’s willingness, unwelcome and unpleasant, and are committed for the purpose of, or result in, infringement upon or violation of the accepter’s dignity, personal freedom or normal life.  The sexual harassment originates from sexual discrimination or bias, which may be categorized into verbal, non-verbal and physical conducts of a sexual nature.  The verbal conduct of a sexual nature includes indecent words (voice), bawdy and rude words, and quotation of inadequate metaphors, et al.  The non-verbal conduct of a sexual nature includes disgusting words (films), pornographic pictures (posters), skimpy clothing, exposure of reproduction organs, whistling rudely, and making sheep’s eyes, et al..  The physical conduct of a sexual nature includes making a pass, pressing close intentionally, inadequate physical touching and excessive pursuit, et al.
Sexual harassment will be identified subject to the accepter’s subjective feeling instead of the doer’s own opinion or thought.  Even if a doer does not believe subjectively that his conduct is unpleasant, or against the accepter’s willingness, his conduct may constitute sexual harassment as long as such conduct is unwelcome to the accepter.  Notwithstanding, whether it also constitutes the punishment requirements under laws, it is necessary to judge in terms of objective facts.

 

Liability to be borne by the doer committing sexual harassment

1. Administrative penalty: A person who sexually harasses anther person shall be fined not less than NT$ 10,000 but not more than NT$ 100,000 by the municipal and county (city) competent authorities where the person who sets his or her domicile (Article 20 of Sexual Harassment Prevention Act).
2. Increased punishment: A person who is in charge of education, training, medical treatment, public affairs, business affairs, employment, or other relevant fields, and uses his or her power, influence or opportunity to make sexually harass to another person shall be imposed a heavier fine, up to 50% extra (Article 21 of Sexual Harassment Prevention Act).
3. Criminal punishment: When a person kisses, hugs or touches the bottom, breast, or other physical private parts of the other person when the latter one cannot quickly respond or resist, the person shall be sentenced to imprisonment of less than two years, detention or, or in addition to, a fine not more than NT$ 100,000 (Article 25 of Sexual Harassment Prevention Act).
How to deal with sexual harassment?  According to Sexual Harassment Prevention Act, you may file a complaint with the entity of the inflicter (entity, military force, school, organization or employer) or the municipal or county (city) government within the jurisdiction where the inflicter sets his or her domicile.  If the inflicter is unknown, or his or her entity is unidentifiable, you may file the complaint with a police authority and claim investigation.
Should you have any questions about sexual harassment, you may call the national toll-free “113 Protection Hotline” or visit the website of Domestic Violence and Sexual Assault Prevention Committee, Ministry of the Interior., or call Taitung County Police Bureau, Women and Children Protection Brigade, (089) 356995.