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Sex Crimes | Are Compulsory Indecency and Sexual Harassment (Sexual Touching) the Same?
Are Forcible Indecency and Sexual Harassment (Sexual Touching) the Same?
Constituent Elements of Forcible Indecency
Forcible indecency is stipulated in Article 224 of the Criminal Code, which states that anyone who commits an indecent act against a man or woman by means of violence, coercion, threats, hypnosis, or other methods against their will shall be sentenced to imprisonment for not less than 6 months and not more than 5 years. In principle, as long as the act can objectively arouse another person's sexual desire or subjectively satisfy one's own sexual desire, it constitutes forcible indecency. It is important to note that if the victim is under 16 years old, the law considers minors incapable of mature sexual autonomy. Thus, even with mutual consent, it still constitutes this crime.
Related Articles on Indecency Crimes:
Crime | Article | Content | Punishment |
Forcible Indecency | Committing an indecent act against a man or woman by means of violence, coercion, threats, hypnosis, or other methods against their will | Imprisonment for not less than 6 months and not more than 5 years | |
Aggravated Forcible Indecency | Committing the aforementioned crime under the following circumstances: 1. Jointly with two or more people. 2. Against a person under 14 years old. 3. Against a person with mental or physical disabilities or other mental defects. 4. Using drugs. 5. Inflicting torture on the victim. 6. Using the opportunity of public or unspecified transportation. 7. Invading a residence or occupied building, ship, or hiding inside to commit the crime. 8. Carrying a weapon. 9. Taking photos, recording audio or video, or distributing or broadcasting such images, sounds, or electromagnetic records of the victim. | Imprisonment for not less than 3 years and not more than 10 years | |
Indecency by Taking Advantage | Committing an indecent act against a man or woman by taking advantage of their mental or physical disabilities, mental defects, or other similar situations they cannot or do not know to resist | Imprisonment for not less than 6 months and not more than 5 years | |
Quasi-Forcible Indecency | Article 227, Paragraphs 2 and 4 of the Criminal Code of the Criminal Code | Committing an indecent act against a person under 16 years old. Under 14 years old: Imprisonment for not less than 6 months and not more than 5 years. 14 to 16 years old: Imprisonment for not more than 3 years | Imprisonment for not more than 3 years |
Indecency by Exploiting Authority | Committing an indecent act by exploiting the authority or opportunity from relationships such as kinship, guardianship, education, training, medical care, public service, business, or other similar relationships the victim is under their supervision, support, or care | Imprisonment for not more than 3 years |
What is Sexual Harassment?
Sexual harassment, also known as sexual touching, is regulated under Article 25 of the Sexual Harassment Prevention Act. It states: "Anyone who intends to sexually harass someone by kissing, hugging, or touching their buttocks, breasts, or other private parts of the body, taking advantage of the victim's inability to resist, shall be punished with imprisonment for not more than 2 years, detention, or a fine of not more than NT$100,000. This crime is prosecutable upon complaint.
Differences Between Forcible Indecency and Sexual Harassment (Sexual Touching):
| Forcible Indecency | Sexual Harassment (Sexual Touching) |
Law Article | ||
Definition/Behavior | Acts against another's will, which objectively can arouse another's sexual desire or subjectively satisfy one's own | Kissing, hugging, or touching private parts when the other person is unable to resist |
Penalty | mprisonment for not less than 6 months and not more than 5 years | Imprisonment for not more than 2 years, detention, or a fine of not more than NT$100,000 |
Complaint or Non-Complaint | Non-Complaint (Public Prosecution) | Complaint-based (Requires a complaint to prosecute) |
Although there are distinctions between forcible indecency and sexual harassment, practical situations can vary, leading to different interpretations and disputes. For instance, whether a breast assault is considered forcible indecency (against the victim's will) or sexual harassment (taking advantage of the victim's inability to resist) can be contentious. The difference in penalties between these two crimes is significant. If someone is involved in such cases or has been subjected to such unlawful acts, it is advisable to seek assistance from a lawyer with expertise in investigating sexual crimes. They can analyze the facts and evidence of each case to effectively protect the individual's rights.
Common Questions
Q1: What should I do if I am falsely accused of forcible indecency?
Forcible indecency is indeed a serious crime, but some defendants may be subject to unfounded accusations or setups. If the complainant's intent is to subject the defendant to criminal prosecution, the statements must be corroborated with other evidence. Therefore, it is crucial to collect evidence for self-protection.
Q2: How should one file a complaint for forcible indecency?
If encountering forcible indecency, consider the following steps for filing a complaint:
- Collect Evidence: Such incidents often occur in private or unnoticed by others, so protecting oneself and collecting evidence at the moment is essential.
- Seek Assistance: In severe cases, victims may experience psychological and mental trauma. It is advisable to seek help from family, friends, or a professional lawyer to protect the victim's mental and physical state and facilitate further investigation by the police and prosecutors.
- Report and File a Complaint: Since forcible indecency is a public prosecution crime, once the police and prosecutors are informed, they must investigate and handle it according to the law, and the complaint cannot be withdrawn. Provide the collected evidence to the police and prosecutors, have a lawyer accompany you for the record, and file a criminal complaint.