After WENWEN Attack, Legislative Yuan Schedules Review of Stalking Law on the 6th; Emergency Protection Orders to Be Issued Within 4 Hours

(CNA, Taipei, July 2) Following the attack on WENWEN, a member of the CTBC Brothers cheerleading squad, amendments to the Stalking and Harassment Prevention Act have garnered attention. The Legislative Yuan's Internal Administration Committee has scheduled a review of the proposed amendments on the 6th. Legislators have proposed that when prosecutors or police believe a victim is in imminent danger due to stalking or harassment, they may apply for an emergency protection order. If the court finds the victim to be in imminent danger, the order should be issued within 4 hours.

WENWEN was attacked with a knife by a man surnamed Hsu while filming at a private studio on June 20th. The Shilin District Prosecutors Office, citing the suspect's alleged involvement in attempted murder and the risk of recidivism, applied for his detention, which was approved by the Shilin District Court. After the incident, New Power Party Chairwoman Wang Wan-yu stated that the "Stalking and Harassment Prevention Act," in effect for four years, still has loopholes in its practical application, and the Legislative Yuan should immediately initiate amendments.

Wang Wan-yu pointed out that according to a Control Yuan report, compared to the average of 2.08 hours for issuing an emergency protection order in domestic violence cases, the average issuance time for a stalking protection order is as high as 34.98 days, with one-quarter of applications being rejected. This waiting period of over a month is often a dangerous window for victims, leaving them most vulnerable to retaliation.

Legislative Yuan Internal Administration Committee convenor and Democratic Progressive Party legislator Lee Po-yi has scheduled a review for next Monday (the 6th) of the partial amendments to the "Stalking and Harassment Prevention Act" proposed by DPP legislator Lin Yueh-ching, KMT legislator Wang Yu-min, and the Taiwan People's Party caucus, among other cross-party legislators.

The current law defines stalking and harassment as repeated or continuous acts of following or tailing a specific person against their will, related to sex or gender. Lin Yueh-ching and Wang Yu-min's proposals suggest removing the "related to sex or gender" requirement, as many stalking and harassment cases in practice are difficult to determine if they are related to sex or gender.

Wang Yu-min's proposal states that to swiftly provide clear protection to victims, the draft amendment stipulates that when the police investigate a suspect for stalking or harassment, they should decide whether to issue a written warning within 72 hours. If the police deem it necessary, they may order the perpetrator to attend a 4-to-8-hour stalking prevention course and, if necessary, take other appropriate measures to protect the victim.

Wang Yu-min's proposal also adds that if a prosecutor or police agency believes a victim is in imminent danger due to stalking or harassment, they may apply to the court for an emergency protection order, without the prior restriction of a written warning. The court may issue an emergency protection order without a trial.

Wang Yu-min's draft amendment specifies that after the court receives an application for an emergency protection order, based on the applicant's testimony in court or by phone regarding the stalking or harassment, if it is sufficient to believe the victim is in imminent danger, the court shall issue a written emergency protection order within 4 hours and transmit it to the police agency. The emergency protection order shall take effect from the time of issuance.

The draft amendment also adds that if a perpetrator of stalking or harassment is found by a judge, after questioning, to have strong grounds for suspicion and sufficient facts to believe there is a risk of recidivism, and detention is necessary, they may be detained. (Editor: Su Chih-tsung) 1150702

Stand with the truth. Your every donation is a force to protect press freedom.

Download the CNA "One-Stop News" APP to stay on top of the latest news.

No unauthorized reproduction, public broadcast, public transmission, or use of the text, images, and audio on this website is permitted.