Press Conference | Three Years of the Stalking and Harassment Prevention Act: Which Cases Did We Fail to Catch?－－Initiating Legislative Reform Discussions to Restore Peace of Mind to Victims!

Attorney Li Ling-Wei's Remarks

Attorney Li Ling-Wei, Deputy Convener of the Judicial Reform Foundation Gender Working Group, spoke from the perspective of a practicing attorney to supplement the practical requirement of being "sex- or gender-related." She explained that at the inception of the legislation, multiple groups, including the Judicial Reform Foundation, expressed revision opinions regarding this requirement, arguing that stalking and harassment inflict direct harm on the parties involved and do not require additional argumentation as to whether the stalking or harassment involves direct or indirect discrimination based on gender.

The Stalking and Harassment Prevention Act was enacted precisely to address cases that could not be protected under sexual harassment-related laws at the time because the perpetrator had not made direct physical contact or verbal expressions. Putting sex- and gender-related elements back into the criteria for judging stalking and harassment clearly violates the original intent.

Furthermore, during the initial legislative discussions, both proponents and opponents of retaining this requirement supported comprehensive protection for victims. The consideration for retaining the sex- and gender-related requirement was out of concern for the frontline capacity of prosecutors and police. However, after three years of implementation, it has become apparent that not only has this failed to reduce the case volume, but it has also increased the burden on prosecutors and police, who must now expend extra effort in every case to determine whether it is sex- or gender-related. This not only causes victims to slip through the cracks but also needlessly depletes prosecutorial and police resources. Without an educational and knowledge background in gender awareness, both the parties involved and prosecutors and police face a certain threshold and difficulty in proving and arguing that a case meets the sex- and gender-related requirement. The process of handling reports may consequently fail to preserve relevant evidence, thereby affecting the judgment and implementation of stalking and harassment elements.

Press Conference Demands

1. Identity theft and the dissemination of personal data must also be counted as stalking and harassment.
   
2. Judges should be empowered to require perpetrators to undergo education and counseling.
   
3. Incorporate emergency protection orders to run concurrently with written warnings.
   
4. Agencies must ensure that perpetrators cannot obtain victims' personal information.
   
5. Review the restriction on "sex and gender" and conduct statistical research.
   

Press Conference Information

Time ｜ June 24, 2025 (Tuesday) 09:30-10:00

Location ｜ Room 103, 1st Floor, Chung-Hsing Building, Legislative Yuan

Attendees ｜

• Fan Yun / Legislator
• Complainant / Victim of Stalking and Harassment
• Tu Ying-Chiu / Executive Director, Garden of Hope Foundation (Note: Actually Women's Rescue Foundation)
• Li Ling-Wei / Executive Committee Member of the Judicial Reform Foundation, Attorney
• Wang Shu-Fen / Deputy Executive Director, Garden of Hope Foundation