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Sex Crimes | What are Sex Crimes?
In recent years, the global Me Too movement has emerged, aiming to expose and combat sexual harassment, sexual assault, and sexual violence. With more and more victims coming forward to speak out, society has become aware of the widespread and hidden nature of sexual crimes. Undoubtedly, sexual crimes are among the most egregious and serious offenses in society, with the vast majority of cases causing indelible mental and psychological harm to the victims. Consequently, our criminal law has established chapters on the crime of sexual autonomy violations and the Sexual Assault Prevention Act, with the legislative intent to consider individuals' right to sexual autonomy and bodily control, preventing anyone from arbitrarily infringing upon these rights.
What is a Sex Crime (Violation of Sexual Autonomy)?
Sex crimes broadly refer to various cases related to sex and gender, actions and behaviors that make the parties involved uncomfortable may be considered sexual crimes, including sexual harassment and sexual assault. Here are examples of common types of sexual crimes, categorized for reference:
Sexual Harassment
According to Article 2 of the Sexual Harassment Prevention Act, sexual harassment refers to behavior related to sex or gender, other than sexual assault crimes, which violate the will of others. Such behavior does not reach the level of sexual assault but explicitly or implicitly, or through discriminatory, insulting means, damages another's dignity, or creates an intimidating, hostile, or offensive environment. It may also improperly affect their work, education, training, services, plans, activities, or normal life. If a person submits to or rejects such behavior, affecting their or another's learning, work, training, service, plans, or activity rights, it constitutes sexual harassment.
Sexual Assault
Sexual assault is a form of violent behavior. Without consent, touching body parts through force, coercion, or any non-consensual means to achieve lewd purposes constitutes sexual assault. The Sexual Assault Prevention Act Article 2 lists the following crime types:
| Crime Name | Law Article | Content | Punishment |
| Compulsory Sexual Intercourse | Criminal Law Article 221 | Sexual intercourse with men or women through violence, coercion, threats, hypnosis, or other methods against their will | Imprisonment for not less than three years but not more than ten years |
| Aggravated Compulsory Sexual Intercourse | Criminal Law Article 222 | Committing the crime under the previous article under any of the following circumstances: 1. Committed by two or more persons. 2. Committed against persons under fourteen years old. 3. Committed against persons with mental or physical disabilities or other intellectual deficiencies. 4. Committed using drugs. 5. Torturing the victim. 6. Committed using public transportation or similar opportunities. 7. Committed by intruding into a residence or building people live, hiding inside. 8. Committed while carrying a weapon. 9. Taking photos, recording, or broadcasting the image, sound, or electromagnetic record of the victim. | Imprisonment for not less than seven years |
| Compulsory Indecent Acts | Criminal Law Article 224 | Lewd acts against men or women through violence, coercion, threats, hypnosis, or other methods against their will | Imprisonment for not less than six months but not more than five years |
| Opportunistic Sexual Intercourse or Indecent Acts | Criminal Law Article 225 | Sexual intercourse or indecent acts with men or women using their mental or physical disabilities or similar situations they cannot or do not know how to resist | Sexual intercourse: Imprisonment for not less than three years but not more than ten years; Indecent acts: Imprisonment for not less than six months but not more than five years |
| Sexual Autonomy Violation Resulting in Aggravated Consequences | Criminal Law Article 226 | Committing the crimes under Articles 221, 222, 224, 224-1, or 225, resulting in the victim's death or serious injury, or causing the victim to commit or attempt to commit suicide out of shame | Death: Life imprisonment or imprisonment for not less than ten years; Serious injury: Imprisonment for not less than ten years; Causing the victim to commit or attempt to commit suicide resulting in serious injury: Imprisonment for not less than ten years |
| Sexual Intercourse and Indecent Acts with Minors | Criminal Law Article 227 | Sexual intercourse or indecent acts with minors under sixteen years old | Under fourteen years old: Sexual intercourse: Imprisonment for not less than three years but not more than ten years; Indecent acts: Imprisonment for not less than six months but not more than five years; Fourteen to sixteen years old: Sexual intercourse: Imprisonment for not more than seven years; Indecent acts: Imprisonment for not more than three years; Attempted crimes are also punished |
| Sexual Intercourse or Indecent Acts by Authority | Criminal Law Article 228 | Sexual intercourse or indecent acts with persons under supervision or care due to kinship, guardianship, education, training, rescue, medical treatment, public duties, business, or other similar relationships, using authority or opportunity | Sexual intercourse: Imprisonment for not less than six months but not more than five years; Indecent acts: Imprisonment for not more than three years |
| Sexual Intercourse or Indecent Acts by Authority | Criminal Law Article 229 | Causing a man or woman to mistakenly believe they are their spouse and submit to sexual intercourse through deceit | Imprisonment for not less than three years but not more than ten years |
Sexual intercourse: Refers to invasive sexual acts, including fingers, other instruments, etc., not limited to genital organs.
Indecent acts: According to Constitutional Court Interpretation No. 617, refers to acts that an average person would objectively consider enough to stimulate or satisfy sexual desires, finding them unbearable or intolerable to be presented publicly.
When facing the issue of sexual crimes, it requires the collective effort of the whole society, not just the responsibility of legislative and law enforcement agencies. It needs everyone's participation and support. Whether a victim or a bystander, everyone should bravely stand up, speak out, expose crimes, and protect their own and others' rights.
If you or someone you know experiences sexual harassment or sexual assault, do not hesitate to seek help immediately. The De Yi Law Firm provides professional legal consultation and support. Let us fight against sexual crimes together and defend sexual autonomy rights.
Frequently Asked Questions
Q1: can I seek help if I encounter a sexual crime?
Police Stations: In emergencies, call 110 for police assistance and provide detailed evidence.
Sexual Assault Prevention Centers: Established by local governments, offering legal consultation, psychological counseling, and medical assistance. Call the 24-hour toll-free hotline 113 for immediate assistance and referral services.
Medical Institutions: Seek professional medical personnel for sexual assault examination and recording, which is crucial for subsequent legal procedures.
Legal Consultation Units: Find professional lawyers for legal advice and representation to protect your legal rights.
Q2: If both parties are minors, is sexual activity illegal?
The law considers children under sixteen as not yet mature enough to make independent sexual decisions. Even with mutual consent, it is still prohibited. However, if both parties are minors, the law has a "puppy love clause" under Criminal Law Article 227-1, mutual consent and absence of commercial sex can reduce or exempt penalties, subject to a complaint.
Q3: It was consensual at first! What if I am suddenly accused of sexual assault?
Following the Me Too movement, many sexual crime cases have emerged. But are all these cases true? Could there be malicious individuals using social pressure to demand compensation from those they had sexual relations with? Investigations cannot rely solely on the complainant's words. Due to the severe nature of sexual crimes, each case must be handled with extreme caution. It is advisable for the accused to quickly discuss the existing details, including specific circumstances, with a professional lawyer.
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Reference: Ministry of Health and Welfare、Sexual Assault Crime Prevention Act、Sexual Harassment Prevention Act
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