Sidelights | Part 1 | Healing the Scars in the Mirror: Crime Victims' Rights and Judicial Reform

"What does an imagined ordinary life look like? I suppose it means going to work and coming home routinely, picking up and dropping off the children, without fearing victimization, without worrying about others scrutinizing one's life, and simply chatting or watching TV." Such a life seems taken for granted—the most authentic and blissful right to life under human rights protections. However, for crime victims, this is far from reality. Victims and their families see their lives disrupted by trauma, yet upon entering the courtroom, the protagonists are the prosecutor and the defendant. The harm inflicted on victims by a criminal event encompasses not only immediate fear and injury, but also disrupted lives and the coldness and marginalization they experience within the judicial process.

The protection of crime victims' rights and interests originated from the National Judicial Reform Conference. At the time, the state sought to establish a comprehensive support system for victims, encompassing processes such as participation, information, statement-making, and recovery, which served as an important policy direction for crime victim protection. Protecting crime victims was long an overlooked issue in our country. Consequently, the Association for Victims Support (AVS) was established, composed of and participated in by professionals in psychology, social work, and law, to safeguard and advocate for crime victims' rights and interests across multiple dimensions.

The 2024 amendment to the Crime Victim Rights Protection Act was passed. The core focus of the new law's implementation is victim-centeredness, with the family as the scope of service. The recovery process for victims is lengthy and spans various systems, with dedicated agencies coordinating various competent authorities to serve victims. From the moment a victim speaks out until recovery is complete, personalized and professional assistance is provided.

From Personal Pain to Systemic Reform

The speaker, Deputy Executive Director Hsiao, is also a family member of a crime victim. His father passed away in a traffic accident when Hsiao was 19 years old. The compensation received at the time was extremely low. Witnessing what injustice meant became his reason for studying law. Changing the system can change society, and it also provided a way to heal himself.

"Making the Wait No Longer Lengthy, and Justice Arrive More Quickly"

In Banqiao, a female college student, Ms. Huang, was struck and killed by a falling air conditioner. Prior to the legal amendments, victims previously had to wait an average of 275 days to receive compensation. When this incident occurred, the new law had just been passed, and the victim's family received compensation in only 40 days. Following the passage of the new law, current statistical data show that the average time for victims to receive compensation has dropped to 158 days. The new law has accelerated the payout speed for victims.

Victims' Rights and the Progress of Judicial Reform

The Polam Catering food poisoning case resulted in six deaths. In the past, it was difficult to obtain compensation in food safety cases; the new law adopts fixed-amount compensation. Previously, proof was required followed by calculations. The characteristics of the amendment include NT$1.8 million for death, with different determination scopes for different cases. Aside from accelerating the process, this also allows more people to receive compensation, tripling the number of recipients and quadrupling the total amount. This is not because crime has increased, but because the scope has expanded, and the application process has become more convenient.

The Shin Kong Mitsukoshi gas explosion caused four deaths and over 30 injuries. At many disaster scenes, AVS personnel were present to assist and provide immediate care. Under the current implementation of the new law, anyone harmed by crime in Taiwan can receive protection. In addition to death, the definition of severe injury has been expanded to the extent of obtaining a Catastrophic Illness Certificate. An average of over 8,000 people obtain catastrophic illness certificates due to accidents each year; as long as it can be proven that the catastrophic illness has any connection to the crime, these individuals can receive protection.

The core of this legal amendment is "administrative disbursement disposition based on the principle of state responsibility." It shifts the protection of victims to the responsibility of the state. However, this does not mean the perpetrator bears no responsibility, nor does it affect the victim's opportunity to apply for various subsidies because the perpetrator pays compensation. Subsidies that crime victims can apply for include assistive devices, rehabilitation, and funerals, among others. The current application statute of limitations is five years. However, in sexual assault cases, considering that victims may seek help a long time later—for example, cases occurring in childhood might not be sought until adulthood—the current law stipulates that applications can be made up to five years after reaching adulthood.

Beyond financial subsidies, the Crime Victim Protection Act provides more importantly non-monetary protection services, including companionship and support in the courtroom. For instance, in the recent Kai-kai case, the AVS had its own designated position in the courtroom to assist and support witnesses. Companionship and support are essential forms of assistance in walking out of trauma. Furthermore, the process of seeking justice also requires legal assistance. AVS lawyers also serve as litigation participation agents. Following the implementation of the Citizen Judges Act, the degree of participation of litigation participation agents has also increased, and public satisfaction has risen.

In the Creative Sishu (Creative Private Chamber) case, the biggest issue with digital sexual privacy is the difficulty of removing content from websites, potentially causing lifelong harm to victims. The new law adds the "Crime Victim Protection Order" (under the "Four Acts for the Prevention of Digital Sexual Violence"). In addition to requiring perpetrators not to approach victims and prohibiting stalking and harassment, it also requires assistance in removing content, providing a new judicial tool. Currently, it is used relatively rarely in practice, at around slightly over 100 cases a year.

In the New Taipei campus throat-slitting incident, a special point lies in the protection of victims under the Juvenile Justice Act. According to Judicial Yuan Interpretation No. 805, the Juvenile Justice Act previously centered on the delinquent juvenile. Prior to the amendment, this case did not afford victims the opportunity to appear in court to state their opinions due to the application of the Juvenile Justice Act. In 2021, the Grand Justices issued an interpretation granting juvenile case victims the right to appear in court to state opinions. Following the 2023 legal amendment, the Juvenile Justice Act strengthened protection procedures for victims, granting them the right to appear in court and state opinions. This case served as the first benchmark case to which the amendment applied, and AVS colleagues entered the juvenile court with rights for the first time. However, more strengthening measures are still needed.

The Human Trafficking Prevention Act has also strengthened protection for victims, focusing on the following key points: understanding the victims' plight, avoiding discrimination and victim-blaming, and actively rescuing and repatriating them. Meanwhile, the Fraud Crime Hazard Prevention Act has also strengthened protections for victims, such as consultation referrals, counseling, legal litigation assistance, immediate damage compensation, temporary exemption from litigation or execution fees, reduction or exemption of security deposits, and joint compensation litigation, thereby lowering the threshold for seeking compensation and providing legal aid.

In summary, there are three core amendments to the Crime Victim Protection Act: dignity, human rights, and empathy; the new victim compensation system; and the enhancement of protection agencies. In other words, the core platform of the protection system can serve as a protective umbrella for victims. In addition to the AVS acting as the core agency, other specialized acts and ordinances also have corresponding protection organs and units. The core spirit of the legal amendment lies in aligning with international trends, elevating and expanding "compensation" and "protection" to emphasize "dignity" and "empathy," adding various rights and interests, deepening services for victims, and treating crime victim protection as a fundamental human rights guarantee.