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What to do when constantly harassed?
A guide to protecting victims of stalking harassment
With the advancement of technology and societal changes, personal privacy and security are facing unprecedented challenges. Many individuals suffer psychological pressure due to stalking and harassment, which even affects their daily life and work. Although laws such as the Sexual Harassment Prevention Act, the Domestic Violence Prevention Act, and the Social Order Maintenance Act regulate specific forms of harassment and violence, these laws may appear insufficient in today’s society, harassment tactics are becoming increasingly diverse. Therefore, Taiwan has enacted the Stalking and Harassment Prevention Act (hereinafter referred to as the Stalking Act), specifically addressing common stalking and harassment behaviors in modern times. The law establishes a multi-layered protection system, ranging from written warnings to protection orders, filling the legal gap and ensuring better protection of victims’ rights.
What constitutes stalking and harassment?
According to Article 3 of the Stalking and Harassment Prevention Act, stalking and harassment behavior refers to actions the perpetrator repeatedly or continuously engages in behaviors that violate the will of a specific target, which are related to sex or gender, leading the victim to feel fear and further affecting their daily life or social activities. If the victim is a spouse (e.g., wife, husband), a direct blood relative (e.g., parents, children), a cohabiting relative (e.g., family living together), or someone with close social ties (e.g., boyfriend, girlfriend, close friends), even if the perpetrator’s actions are not related to sex or gender, as long as other elements of the crime are present, the behavior may still be considered stalking and harassment under the law.
Elements of stalking and harassment behavior
Upon closer examination of the law, we can summarize that the current legal framework for stalking and harassment behavior includes the following three key elements:
Related to sex or gender
Behaviors aimed at establishing a partner or sexual relationship, or degrading and threatening actions based on gender discrimination, are stalking and harassment behaviors related to sex or gender. These behaviors may occur between different genders or between people of the same gender. However, it is important to note that if the victim is a relative or someone with close ties to the perpetrator, the presence of this element does not affect the court’s determination of whether the behavior constitutes a crime.
Repeated or continuous targeting of a specific person
To distinguish between accidental events and intentional harassment, the legislative intent of the Stalking Act specifically mentions that “repeated, continuous” refers to behavior that is “not accidental or isolated,” such as the perpetrator repeatedly loitering near the victim’s home, workplace, or school, or continuously sending harassment messages. The frequency of these behaviors may differ for each victim, so whether this element meets the statutory standard should be determined case by case.
Violating the other party’s will, causing fear and disrupting daily life
When the perpetrator chooses to express their feelings through harassment without consent, it undoubtedly causes the victim to feel anxious and fearful. To cope with the perpetrator’s continued stalking or threats, the victim may refrain from going out or may their commuting route, thus disrupting their normal social life and freedom.
Eight types of stalking and harassment behaviors
| Type | Content |
|---|---|
| Surveillance and Observation | Using personnel, vehicles, or electronic devices to continuously observe or track the victim’s movements, such as installing cameras or using drones for surveillance. |
| Stalking and Following | The perpetrator repeatedly appears around the victim, following them to and from their home, school, workplace, or places they frequent, even waiting for the victim to appear. |
| Threats and Insults | Using threats, insults, discrimination, or hateful language towards the victim, causing fear or emotional distress. |
| Communication Disruption | Using phones, text messages, emails, or social media to improperly contact the victim, including continuously sending harassment messages or making silent phone calls. |
| Improper Pursuit | Continuing to profess love or request a relationship after the victim has rejected the advances, even engaging in coercive actions, such as repeatedly sending invitations or deliberately appearing at places the victim frequently visits to make forced contact. |
| Sending Items or Text/Images | Sending unwanted packages (including threatening letters or gifts) or transmitting, distributing, or sharing information that the victim does not wish to make public, such as images, sounds, or written content. |
| Defamation | Spreading false or defamatory content to damage the victim’s reputation, such as posting malicious comments on social media or spreading false information to the public. |
| Identity Theft | Using the victim’s personal information without consent for activities like ordering goods or services, opening accounts, or committing fraud, causing distress and harm to the victim. |
What to do when experiencing stalking and harassment?
Collect evidence and report to the police
If you are unfortunately subjected to stalking and harassment, try to gather as much evidence as possible, including conversation records, photos, videos, or phone recordings. Once the evidence is collected, report the incident to the local police, providing a detailed account of what happened, including the duration and frequency of the stalking behavior, and the relationship between the perpetrator and the victim. If the police deem it necessary, they will issue a written warning to the perpetrator. The victim can also request the issuance of this warning to prevent the perpetrator from continuing their behavior.
Obtain a written warning
The written warning will clearly list the type of behavior exhibited by the perpetrator, as well as warnings and prohibitions against the perpetrator’s actions, including the penalties they may face if they violate the warning. When issuing the written warning, the police may also provide the victim with a "safety reminder" detailing the channels through which the victim can seek assistance, as well as the contact information for the local police station or the women's and children's police unit, to avoid the victim feeling helpless if they encounter further stalking.
Apply for a protection order
The written warning can serve as the legal basis for further criminal investigations. If the perpetrator violates the warning or continues to stalk the victim within two years of receiving the written warning, the victim can apply to the court for a protection order based on the warning. This order can impose stricter legal measures to restrict the perpetrator's actions, including prohibiting them from approaching certain locations or requiring them to maintain a certain distance from the victim, ensuring protection from continued harassment.
Ending stalking behavior starts with us
The enactment and enforcement of the Stalking and Harassment Prevention Act provides victims with a clear legal recourse. However, stalking often occurs in private settings, making it difficult for victims to collect evidence. Issues such as proving the repetitive nature of the behavior, or the uncertainty surrounding certain legal concepts, may lead to disputes in judicial practice depending on the case. Therefore, we urge victims of stalking and harassment, whether currently experiencing or having previously faced such behavior, not to bear the pressure alone but to seek professional legal assistance in a timely manner. Proper use of existing legal resources will help protect personal safety and rights.
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