Enforcement Rules for the Sexual Assault Prevention Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0080080

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Article 1


These rules are promulgated pursuant to Article 24 of the Sexual Assault Crime Prevention Act (hereinafter referred to as the Act).


Article 2


Special medical teams that coordinate the setting up of a hospital pursuant to Subparagraph 5 of Paragraph 1 of Article 6 of the Act, shall be the chairperson appointed by the director of the hospital or anyone assigned by him/her. The members of the team should at least include medical workers and social workers.


Article 2-1


The calculation of organizations members, employees or customers referred in the Article 7, Paragraph 4 of this Act includes branch institutions and subsidiary, where the calculation is based on the total population of the first working day of every month.
The customers mentioned in the preceding paragraph refer to the people served in organizations, troops, schools, institutions or locates that employs people, who are not organizations members or employees.


Article 3


The police described in Paragraph 1 of Article 8 of the Act shall include judiciary and military police.


Article 4


According to the manner of the report described in Paragraph 1 of Article 8 of the Act, they shall report to the relevant authorities of special municipalities or County (City) by facsimile or other technological telecommunications. If case of emergency, they may report orally or by telephone, and fill up and submit communication report to relevant authorities of special municipalities or County (City) within 24 hours..
The report operation in the preceding paragraph shall record the record in detail according to the contents regulated by communication report. The reports should also protect the secrecy or privacy of the victim from being disclosed.


Article 5


When undergoing the forensic examination of victims and collecting evidence according to Paragraph 1 of Article 11 of the Act, the police shall pay attention to the victims’ physical and mental condition and preserve the records in detail.
The agreement mentioned in Paragraph 1 of Article 11 of the Act shall be made in writing.
When retaining and transferring the evidence according to Paragraphs 2 and 3 of Article 11 of the Act, one should keep them from losing.


Article 6


Any other information that is sufficient to identify victims’ identity mentioned in Articles 12 and Paragraph 1 of Article 13 of the Act, shall include basic information of the victim, such as his/her photograph or image, voice, address, name of next kin, or relationship, school, and class that he/she studies, or workplace where he/she works.


Article 6-1


The relevant authorities for the publications as stipulated in Paragraph 3 of Article 13 and Paragraph 2 of Article 13-1 of this Act refers to the special municipality or county (city) government in the area where the offender lives or the company that the offender works at is located.


Article 7


The physicians, psychologists, counselors, or social workers who, according to Paragraph 1 of Article 15 of the Act, accompany the victims to state their opinions during the course of investigation or trial shall abide to their professional ethical standards and protect the victims' rights. This also apply to the professionals who, in accordance with Article 15-1, assist with the interviewing (interrogation) procedures.


Article 8


Victims, victims’ guardian, or legal representative, according to Paragraph 1 of Article 15 of the Act, may request the relevant authorities of special municipalities or County (City) to appoint social workers to keep victims company. Unless it is obviously unnecessary, the relevant authorities of the relevant authorities of special municipalities or County (City) shall not reject such application.


Article 9


The relevant authorities of special municipalities or County (City) mentioned in Paragraph 3 of the Article 15 and preceding Article of the Act shall referred as the relevant authorities of special municipalities or County (City) of the victim. If necessary, relevant authorities may request for assistance from other relevant authorities of other municipalities or County (City), according to the actual situation..


Article 10


The judge mentioned in Paragraph 1 of Article 16 of the Act shall include the military judge.


Article 11


The judicial police officer or judicial policemen mentioned in Article 17 of the Act shall include military police officer and military policemen.


Article 12


The relevant authorities of special municipalities or County (City) mentioned in of Article 19 of the Act shall refer to the relevant authorities of special municipalities or County (City) at the domicile of the victim.


Article 12-1


The offender mentioned in Subparagraphs 1~2 of Article 221-1 of the Act shall refer to offenders who have that committed sexual assault crimes before June 30, 2006.


Article 13


The relevant authorities of special municipalities or County (City) shall invite related units, such as social administration authority, education authority, health authority, administrative workers, prosecuting authority, police authority, immigration service and reporters to join the coordination sessions every half year. Ad hoc meetings may be held when necessary.


Article 14


The Enforcement Rules shall take effect immediately upon implementation of this Act.
The Enforcement rules that were amended and promulageted on February 3, 2011 came into force on January 1, 2012.
The Enforcement rules that were amended and promulated on May 31, 2016 came into force on December 25, 2015.