A Study on the Legalization of Campus Sexual Assault and Sexual Harassment

• Main Authors: Tsou, Yi-Chen, 鄒翊宸
• Other Authors: Choh, Chen-Yo
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/08839306407747181271

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 103 === Campus sexual assault and sexual harassment is common worldwide. Taiwan is no exception.The authorities and schools are authorized by the administrative power to handle such incidents. To exercise the public power to restrict fundamental rights of offender, they need not only the legal basis but also the justifiable process. The provision of Gender Equity Education Act defines that the investigation into these incidents must be conducted by a professional organization with the institutionalized procedure. In our society, researches on this issue have tended to be conservative with few open discussions. Only until recently have we valued the importance of gender equality due to the awareness promotion and the prevalence of body autonomy. It is required for the authorities and schools to resolve the cases legally and expeditiously under the assistance of professional organization and according to the institutionalized procedure enacted by the provisions of Gender Equity Education Act. Because each step in processing the cases is a substantial test of rule of law and concept of gender equality on campus, the society and school could be in danger with mishandling. Apart from uncovering the fact in order to punish offenders justly, the case investigation also serves to educate people involved in the incident about values of human rights on mutual respect between different genders. By education, it helps them establish correct interactive models between genders. This helps, on one hand, offenders correct bias and misconducts and, on the other hand, victims enhance self-defense capabilities. Then, offenders harm people no more and victims fall into preys no longer. Therefore, we may prevent such incident from taking place again on campus and in society in the future. Furthermore, it also helps investigators be familiar with applicable regulations and techniques in processing such cases, litigants and related parties become familiar with rights and duties, and offenders stay away from similar misconducts. Additionally, it helps people avoid casting a disapproving eye at and pay respect to the victims when they hear about the incidents, enrich the diversified knowledge and correct mentality in sex education, understand the gender diversity, and possess open mindsets to accept people different from themselves. In this way, the gender equality can be fulfilled.