Statement of Support｜The Hard-to-See Truth: When the Judiciary Ignores Sexual Violence Trauma - Press Conference Post-Event Press Release

Statement by Attorney Chang Kai-yu:

The reason why the prevention of workplace sexual harassment requires the intervention of laws, regulations, and competent authorities with coercive powers is that such cases often involve an "asymmetrical power relationship," occur in "secluded spaces," and concern the "private nature of sex and gender." These characteristics cause victims to harbor many concerns and fears when seeking help. It is therefore crucial to establish a system that gives victims a sense of security and makes them more willing to file complaints and seek assistance in a timely manner.

Accordingly, the JRF Gender Working Group proposes the following legislative recommendations and appeals:

1. Enhance the Regulation of Internal Corporate Sexual Harassment Complaint Investigations under the Current System

We believe the direction of legislative amendment should strengthen the "regulatory efficacy" of competent authorities within the system. In addition to the "two-stage reporting" required under the current system, proof of "actual implementation of disciplinary action" must be submitted for inspection by the competent authority—such as documents proving changes in insured salary or Labor Insurance withdrawal. Meanwhile, measures such as follow-up, supervision, and irregular inspections by competent authorities should be designed. This addresses current problems where the disciplinary outcomes reported by many employers to competent authorities differ from the actual disciplinary measures administered, and some employers even reinstate the respondent's position or salary after a period following the completion of reporting. As a result, the current system possesses only formal regulatory efficacy, failing to substantially implement the prevention of workplace sexual harassment and achieve deterrent effects, while victims still cannot promptly obtain assistance or protection.

2. Amend Laws to Strengthen the "Independence," "Accuracy," and "Binding Force" of Investigation Procedures and Reports

We believe the Gender Equality in Employment Act should be amended to strengthen the independence and accuracy of investigation procedures and investigation reports. Investigation procedures should be composed primarily of external professionals, with internal company or enterprise personnel participating or forming the composition only as exceptions. The findings and disposition recommendations of the investigation report should be binding on the enterprise; enterprises may not, without justifiable cause, violate or refuse to handle matters in accordance with the investigation report's disposition recommendations. By establishing a system of investigative independence, accuracy, and binding force, this resolves current situations where many enterprises and employers frequently attempt to intervene in or dominate the investigation during the process, and the independent professional opinions of external lawyers, psychologists, and social workers are disregarded or unadopted. This fulfills the systemic purpose of the regulations in preventing sexual harassment and protecting victims.

3. The Gender Equality in Employment Act Should Apply Universally to Administrative Agencies

We believe that the current system—which excludes civil servants, educational personnel, and military personnel from the application of penalty provisions regarding employer violations under Articles 38 and 38-1 of the Gender Equality in Employment Act—requires urgent amendment. Otherwise, taking the recent case of former Disciplinary Court President Li Po-tao, who was dismissed from office, as an example: even if it is deemed that public agencies violated the fact of the Gender Equality in Employment Act in handling processes and other aspects, public agencies are not required to be penalized under the Gender Equality in Employment Act. However, to protect employees providing labor within the civil service system and subject administrative agencies to the same degree of penalty regulations, this exclusion is unreasonable. If there are concerns or perceptions of "the left hand penalizing the right hand," supervisory mechanisms should be established outside of this rather than entirely excluding administrative agencies from the application of penalty provisions. This regulatory loophole must be corrected as soon as possible.

We also make a rigorous appeal that sexual harassment and sexual assault in any form or location should not be tolerated. The aforementioned legislative recommendations and practical observations do not exist solely within the Gender Equality in Employment Act; similar loopholes actually exist in the regulations and systems concerning workplace bullying in the Occupational Safety and Health Act and the complaint investigation system design of the Gender Equity Education Act. These all await prompt legislative amendment by lawmakers and cooperation from competent authorities for implementation, with the hope of more effectively and promptly deterring gender-based violence and unlawful infringement, preventing "zero tolerance for sexual harassment" from degenerating into a mere formality and slogan.

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Time: Tuesday, March 31, 2026, 10:00 AM

Location: VIP Room, Legislative Yuan Research Building (No. 3-1, Sec. 1, Chinan Rd., Zhongzheng Dist., Taipei City)

Organizers: Taiwan Kuang-Huan Association, Citizen Congress Watch

Regarding the case of workplace unlawful infringement and sexual autonomy offenses suffered by a McDonald's employee, the Shilin District Prosecutors Office issued a non-prosecution disposition on March 5. The family has never given up on fighting for justice for their victimized young daughter. The legal team believes the judiciary failed to account for the clinical progression of Acute Stress Disorder (ASD) and Post-Traumatic Stress Disorder (PTSD) and will file for a motion for reinvestigation. The Taiwan Kuang-Huan Association and the Citizen Congress Watch held a press conference calling on society and the judicial system to confront workplace power-based sexual violence and the trauma symptoms it triggers.

The Judiciary Should Take Modern Psychiatric Assessment Expertise into Consideration

The litigation legal team cited that according to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) published by the American Psychiatric Association (APA), the diagnostic criteria for Post-Traumatic Stress Disorder (PTSD) include: exposure to traumatic events resulting in intrusion symptoms associated with the traumatic event; avoidance symptoms; negative alterations in mood and cognition; alterations in arousal and reactivity, or negative alterations worsening after exposure; and symptoms significantly impairing important functional areas such as social and occupational functioning.

The litigation legal team argued that because sexual assault crimes are mostly closed-door crimes with no third parties present at the scene and no objective physical evidence, whether sexual consent existed exists solely within the victim's mind. The judicial system should take into consideration the important objective and rational professional foundation of modern psychiatric assessment, the construction of corroborative evidence for hearsay witnesses under the Code of Criminal Procedure, and the state's protection mechanism for minors.

The Judicial System's Failure to Understand the Victim's Plight Amounts to Secondary Victimization

Survivor A-mei shared that seeing this case brings back the trauma she suffered in the past. The physical and psychological responses caused by that fear and helplessness do not end at that moment; they remain throughout one's future life. Trauma is not about whether you resisted at the time or whether you spoke out; trauma causes people to freeze and even doubt whether their discomfort is real. The judicial system's failure to understand the victim's plight is tantamount to secondary victimization of the individual.

The victim's parents accused that although physicians were invited to conduct diagnoses and explanations in this case, the prosecutor still investigated from the direction of consent or whether a dating relationship existed. Even in the latter part of the chat logs where the victim accused herself of being sexually assaulted, the perpetrator supervisor attempted to propose a settlement—doesn't this substantiate the existence of the sexual assault behavior?

Over 85% of Adolescent Workers Engage in Atypical Employment; Employers Should Bear More Comprehensive Corporate Responsibility

Following the incident, the Taipei City Government held that McDonald's failed to fulfill paragraph 2 of Article 13 of the Gender Equality in Employment Act, which mandates that employers take effective corrective and remedial measures upon learning of sexual harassment. The enterprise failed to provide psychological counseling and other necessary services to the victim, which clearly violated the law, resulting in a fine of NT$1 million.

Legislator Lin Yueh-chin stated that children and adolescents are often more vulnerable in the workplace. Over 85% of teenage workers aged 15 to 19 engage in atypical employment, making them susceptible to mistreatment without daring to seek help due to pressures regarding scheduling and contract renewal. She has previously promoted the revision of the employment plan for "minor disadvantaged youth" to strengthen cooperation between social welfare and labor departments, and she will further demand that the government fill the data gap regarding minor workers as the basis for formulating policies upholding the "best interests of children."