:::
 
:::
view home > Latest News > MOI News
Search the Site    
Font size
:::
 Filter by post date
2014 (71)
2013 (719)
2012 (726)
2011 (412)
2010 (116)
2009 (2719)
2008 (667)
2007 (38)
2006 (74)
2005 (123)
2004 (51)
 
:::
MOI News
 Print  Share
Facebook
Twitter
Plurk
2011-12-05
Interior Ministry Thanks Legislative Yuan for Passing Amendments of Sexual Assault Crime Prevention Act and Will Actively Study and Revise Relevant Regulations and Supporting Measures for New System to be Implemented Smoothly on January 1, 2012

The Legislative Yuan passed in third reading the draft amendments of Sexual

Assault Crime Prevention Act on October 25, and Minister of the Interior Jiang

Yi-huah thanked all walks of life for suggestions and advice they provided when

formulating the draft amendments and thanked the support by Legislative Yuan

caucuses of both ruling and opposition parties for the amendments to smoothly

complete the legislative process. He said the revised Act will make regulations related

to sexual assault crime prevention more complete to fill the gap of criminal law

legislation and protect people’s personal safety, preventing sexual assault recidivists

from being potential threat to society. The Ministry of the Interior will actively study

and revise relevant regulations and supporting measures so that the new system can be

implemented smoothly on January 1, 2012.

The focal points of Sexual Assault Crime Prevention Act amendments are the addition

of Article 22-1, which stipulates that prosecutors or municipal, county (city)

competent authority may submit the assessment report to court or military court and

apply for mandatory treatment of the offenders who committed sexual assault

crimes before June 30, 2006, and Article 23-1, which stipulates that police may

publish on the newspaper or use other methods to make public information about the

identity of the defendants who failed to receive treatment counseling, report for

registration, or convicted sexual assault offenders who are wanted for fleeing or

hiding.

The Ministry said the revised Criminal Code, Prison Act, Rehabilitative Disposition

Execution Act and Sexual Assault Crime Prevention Act passed in 2005 stipulated that

prosecutors may apply to court for sexual assault offenders, who did not complete

treatment counseling after serving their short prison sentences, or treatment

counseling was not effective when their prison sentences are due to be completed, to

receive mandatory treatment after serving their prison sentences until the recidivism

risk is significantly reduced. But due to the non-retroactive principle of laws, the

relevant regulations do not apply to offenders who committed sexual assault crimes

before June 30, 2006.

The White Rose Movement started at the end of last year and the incident of a

sexual assault recidivist, who had just served his prison sentence, sexually assaulted

a grade 8 girl student in Yunlin County before killing her last March have led to

repeated appeals by all walks of life for the government to review related laws and

regulations. And the Ministry of the Interior submitted the Sexual Assault Crime

Prevention Act amendments after extensive discussions with relevant ministries and

the Legislative Yuan caucuses of both ruling and opposition parties.

To fill the legislation gap in which Article 91-1 of Criminal Code regulations

on mandatory treatment after serving prison sentence can not be applied to offenders

who committed sexual assault crimes before June 30, 2006 and were assessed as a

recidivism risk, the revised Sexual Assault Crime Prevention Act added Article 22-1

to stipulate that prosecutors or municipal, county (city) competent authority may

submit such relevant information as the assessment report and apply to the court for

the offenders to receive mandatory treatment in medical institutions or other

designated premises, temporarily isolating the offenders from the community to

help their treatment counseling and prevent them from committing the same crime,

said Chien Hui-chuan, executive secretary of the Domestic Violence and Sexual

Assault Prevention Committee, the Ministry of the Interior.

The Ministry noted that the mandatory treatment will last until the risk of recidivism

is significantly reduced and during the process an annual assessment will be

conducted on whether it is necessary to continue the treatment, and those who are

judged as no need for further treatment can apply to the court for stopping mandatory

treatment. The revised Act also stipulates that when the offenders return to society

after receiving mandatory treatment, they have to get community physical and

psychological treatment and counseling education so as to extend the effect of

mandatory treatment.

To strengthen community supervision of sexual assault offenders and recidivism

prevention mechanism, combining the enhanced GPS functions of electronic

monitoring technology equipment, the Act’s Article 20 regulations on the time, scope

and manner of using technology equipment to monitor sexual assault crime offenders

during their protective custody are revised to more flexibly use electronic monitoring

equipment, not using them only when the offenders are subject to “curfew” or

“limitation on residence.” And the regulations on lie detector test are also expanded

from the offenders receiving physical and psychological treatment or counseling

education to those who are judged to have to take a lie detector test and approved by

the prosecutor.

The Ministry pointed out that juvenile sexual assault offenders ordered under

preventive control by the juvenile court will receive physical and psychological

treatment and counseling education being implemented by local governments

in the future. Although the offenders who committed crime of forced touching

as stipulated in Article 25 of Sexual Harassment Prevention Act did not commit

sexual assault crime, the revised Sexual Assault Crime Prevention Act also adds

new regulations in Article 20 that the offenders who committed crime of forced

touching have to receive community physical and psychological treatment and

counseling education.

As to the offenders who violated Article 224 of Criminal Code (crime of forced

obscenity), or Article 228 (forced sexual intercourse or obscenity by using

authority and influence), and recidivists of forced intercourse or obscenity against

persons under 16 years of age as provided in Article 227 of Criminal Code, the

revised Sexual Assault Crime Prevention Act stipulates that they should regularly

report to the police bureau and the period for reporting is set at five or seven

years respectively according to their sentences. The Ministry explained that

because of the precocious physical development of people nowadays and those

who committed the Article 227 crime might violate the law unintentionally for having

intercourse by mutual consent, to order the first-time offenders, who violated Article

227 because of not understanding the law, to regularly report to the police bureau and

register related information is clearly inconsistent with the principle of

proportionality. Therefore, only recidivists of violating Article 227 are required to

report to the police. In order to know the exact whereabouts of the offenders, the

revised Act also stipulates that the police bureau should regularly or irregularly visits

the offenders during the period they are required to report and register information.

Moreover, with regard to the issues on which no consensus has been reached, the

Legislative Yuan passed two resolutions. One resolution requests the Department of

Health, the Ministry of Justice and the Ministry of the Interior to hold public hearings

and invite relevant experts to discuss and extensively collect opinions about the

feasibility of using hormone therapy (so-called chemical castration) to treat sexual

assault offenders from the aspects of legality, medical ethics, human rights and social

justice as well as related supporting measures for further study. The other asks the

Ministry of the Interior to study the practices of publishing the number of sexual

assault offenders with high recidivism risk in each area by taking into

consideration the size of area under municipal, county (city) jurisdiction, and continue

to actively review and improve the practices so as to alert the public to heighten

vigilance.


 
TOPBack to list
 
 
Home
Organization
Interior Affairs(open new website)
Statistics(open new website)
Laws & Regulations
 
 
Latest News
 
Interior Ministry Blog
 
中華民國內政部
無障礙A+標章(另開新視窗)E-gov(open new website)
Tel: 1996 Hotline of Interior Affairs(+886-2-8195-8151)
Address: No.5, Xuzhou Rd., Zhongzheng District, Taipei City 10055, Taiwan (R.O.C.)
Best viewed with IE 8.0 or higher at 1024 x 768 resolution.