Taiwan civic groups call for improvements to anti-stalking law

TAIPEI (Taiwan News) — Civic groups highlighted ongoing enforcement challenges in Taiwan’s Stalking and Harassment Prevention Act and urged lawmakers to consider a new draft bill aimed at closing legal loopholes.

Since taking effect on June 1, 2022, the act has enabled more than 70% of victims to break free from stalking, according to Cabinet statistics. However, advocates say significant gaps remain, including ambiguous legal definitions related to sex and gender, delays in issuing protection orders, and inadequate penalties for offenders.

The Modern Women’s Foundation and Taiwan Coalition Against Violence said that practical experience has exposed unresolved issues requiring immediate legislative attention. Foundation Chair Wang Ju-hsuan (王如玄) said that public awareness of stalking as a criminal offense has improved since the law’s implementation.

Wang noted progress, including faster police reviews of written warnings, which often lead perpetrators to cease their behavior after recognizing its seriousness. Yet Wang also pointed out persistent enforcement difficulties.

These include challenges in applying sex- or gender-related criteria within the law, relatively light punishments that fail to deter repeat offenders, protracted procedures to obtain protection orders, and stringent or difficult requirements for offender rehabilitation programs. Civic groups have drafted proposed amendments urging the government to strengthen protections.

Wang shared a 2023 case in which prosecutors chose not to press charges after a cheerleader, followed home by paparazzi during a trip around Taiwan, filed a police report. They ruled that the harassment did not involve sex- or gender-related elements, highlighting a major limitation in the current law.

While 70-80% of perpetrators stop stalking after a protection order is issued, the average issuance time of 34.72 days is insufficient for timely victim protection, advocates said. In some instances, victims’ addresses were disclosed during court document deliveries, allowing perpetrators to lie in wait.

To enhance victim safety and privacy, the draft bill proposes that police must decide whether to issue a written warning within 72 hours of investigating a suspected stalking incident. It also incorporates privacy protections from sexual crime prevention and child welfare laws.

The four major reform proposals are removing the sex- or gender-related requirements, improving the effectiveness of written warnings, expanding protection order provisions, and strengthening safeguards for victims’ personal data and security.