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2024-12-10

Case Studies | Sexual Harassment | Defendant Not Prosecuted for Sexual Harassment on MRT

性騷擾 不起訴 律師


Relevant Legal Provisions

Article 25 of the Sexual Harassment Prevention Act: Anyone who, with the intent of sexual harassment, kisses, hugs, or touches the buttocks, chest, or other private areas of another person without resistance, shall be punished with imprisonment for up to two years, detention, or a fine not exceeding NT$100,000. If the offense is committed by using the power or opportunity specified in Paragraph 2 of Article 2, the punishment shall be increased by half.


Facts and Reasons

The defendant (our client) was reported by the complainant for allegedly touching the complainant’s side chest while on the MRT. The police retrieved surveillance footage and determined that the defendant violated Article 25 of the Sexual Harassment Prevention Act and transferred the case to the district prosecutor’s office.


Prosecutor's Disposition

The defendant, charged under the Sexual Harassment Prevention Act, has had the investigation concluded, and it has been determined that no prosecution should be pursued.

As this is a complaint-based offense, the complainant can withdraw the complaint before the conclusion of the first-instance debate. Since the complainant has withdrawn the complaint, the case should be dismissed. The complainant and defendant have reached a settlement, and the complainant has submitted a statement withdrawing the complaint, leading to the dismissal of the case.
 

(Some details of the case have been adjusted or omitted to protect the parties' rights.)


Defense Attorneys: Vincent HuangIan Yan

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