Description of the Protection of Rights for Sexual Assault Victims
Letter no. Tai-Nei-Fang-Zi 0940065895 issued on July 29, 2005.
Letter no. Tai-Nei-Fang-Zi 1010138802 amended and issued on March 22, 2012.
Part I Hospital and Clinic
1. When you go to a hospital or clinic for medical treatment, you will not be rejected without a
reason; instead, you will be treated with priority as an emergency triage classification level
1 patient.
2. However, if the equipment or technology of the hospital or clinic cannot provide you with a
complete diagnosis and treatment, the hospital or clinic will arrange a referral for you, and
inform you and your accompanying family the name and address of local hospitals or
clinics that handle sexual assault cases, so that you can receive comprehensive care.
3. When you receive medical treatment in the hospital or clinic, social workers or nurses will be
assigned to accompany you; family members can also be present to assist at your request.
During injury examination and evidence collection, a private space will be provided in
order to avoid unnecessary interference.
4. With regard to the result of your diagnosis and treatment, either you or your spouse, or legal
representative (if you are a minor and not married, your legal representative would be
your parents.) may request the hospital or clinic to issue Certificate of Diagnosis of Injury.
5. To protect your interests, when the hospital or clinic performs diagnosis and treatment for
you, evidence collection and injury examination can be undertaken at the same time to
provide evidence for you to file a lawsuit. When performing diagnosis and treatment, the
doctor may be in contact with the your body’s private parts. If you experience any
discomfort during the procedure, you may inform medical staff for help.
6. The aforementioned evidence collection and injury examination procedure will only proceed
with your consent, and after you have filled out the Agreement Form of Evidence
Examination in a Sexual Assault Case. The collected evidence will be stored in the
evidence bag and sent to the Criminal Investigation Police Office of National Police
Agency under the Ministry of the Interior. The evidence will be closely guarded without
disclosure.
7. In order to make prescriptions, the doctor can use Healthcare Professional Card (HPC) to
retrieve the last six medical information entries saved in your National Health Insurance IC
Card (NHI IC). If you do not wish your medical records to be read by the doctor out of
privacy concerns, please use the personal password function built in your NHI IC card to
set your personal password. You may do this at the NHI IC card public service information
stations at any branch, district liaison office, or affiliated outpatient center of the Bureau of
National Health Insurance.
8. For further details or questions, please contact your local Sexual Assault Prevention Center
(hereinafter referred to as Prevention Center) or the Public Health Bureau.
Part II
The Police
1. We fully understand your feelings; you can ask us any questions; we are police officers
professionally trained to handle sexual assault cases and will do our best to help you.
2. If you feel depressed, helpless, fearful, anxious, or distressed, these are symptoms of
post-traumatic stress disorder. In practice, similar cases have been found in many people
like you; we will assist by referring you to the Prevention Center to get help from social
workers.
3. We will ask for your consent to escort you to the hospital for detailed examination, injury
diagnosis, and evidence collection, or return to the scene to assist in investigating the
case.
4. According to legal provisions, during the process of giving a statement, if you are under 18
years old, the municipal, county (city) government will designate a social worker to be
present on the scene; if you are at the age of 18 or over, you can also apply to the
municipal, county (city) government to be accompanied by a social worker, which will not
be rejected.
5. If you are a child, physically and mentally disabled; or severely affected both physically and
mentally due to the sexual assault case, we will contact your local Prevention Center to
help arranging appropriate psychiatrists, psychologists or other professionals (e.g. a sign
language interpreter) to provide assistance and help you describe the assault process
completely.
6. For the interview/statement dictation, we will provide private space to avoid unnecessary
interference.
7. In the process of giving a statement, you can ask for a recess whenever you feel unwell. We
will do our best to help you overcome the discomfort and to complete the statement.
8. If you report your case in the evening or at night, for the preservation of evidence, we would
advise you to first examine the injury to collect evidence, and make an appointment with
you to give your statement. However, if you feel it is necessary to give the statement
immediately, we will respect your opinion.
9. In the process of giving a statement, you can ask for the presence of legal representatives,
your spouse, lineal relatives or collateral relatives by blood within third degree of
relationship (e.g. brother and sister, uncle and aunt, nephew and niece, etc.), parents,
family members (cohabitants), physicians, psychologists, counselors or social workers,
and their opinions.
10. If there is a need for you to confront or identify the offender, we will provide considerable
protective measures to ensure your privacy and safety.
11. During the process of case investigation, any information relevant to the case will not be
disclosed; your identity will also be kept strictly confidential and will not be exposed.
12. All the papers and documents made during the investigation will not display any of your
personal information. You can contact us for help if you have concerns about personal
safety.
13. If you need to receive psychotherapy, counseling, placement, legal aid or emergency
treatment, please dial ‘113 Protection Hotline’ for assistance from your local Prevention
Center. We can also help you to contact the Center.
14. If you remember more clues, please contact the case manager anytime. Please also make
sure that you have the manager’s phone number for contact.
15. If your involvement is of coercive sexual intercourse or indecency between husband and
wife, or consensual sexual intercourse or indecency between a person aged under 18 and
another under 16, which belongs to cases indictable only upon complaint, you must
decide whether or not to file a lawsuit against the offender within six months of its
occurrence, or lose the right to file a complaint.
Part III
The Prosecutor
1. From January 1, 2001, except for crimes of coercive sexual intercourse or coercive
indecency between husband and wife, and consensual sexual intercourse or indecency
between a person aged under 18 and another under 16, all sexual assault cases have
been amended as not a crime indictable only upon complaint. In other words, even if you
have not filed a lawsuit, the prosecutor and police agencies will actively investigate the
facts and evidence of sexual assault upon you.
2. When you appear in court, the prosecutor will take segregation measures as far as possible,
or conduct the interview in a premise other than the investigation room, so that you do not
have to face the defendant.
3. During the prosecutor’s investigation, you can appoint agents, legal representatives, spouse,
lineal relatives or collateral relatives by blood within third degree of relationship (e.g.
brother and sister, uncle and aunt, nephew and niece, etc.), parents, family members
(cohabitants), physicians, psychologists, counselors or social workers accompanying you
on the scene; they can also express their views to the prosecutor. If you are under 18
years old, the municipal, county (city) government will designate a social worker to be
present on the scene; if you are at the age of 18 or over, you can also apply to the
municipal, county (city) government for the accompanying of a social worker, which will
not be rejected.
4. If there is a need from you to confront the defendant, the prosecutor will take appropriate
protective measures in accordance with his/her authority or at your request, allowing you
to access and leave the investigation room from different pathways in order to ensure your
safety.
5. During the process of the prosecutor’s investigation, your identity will not be disclosed
unless with your consent or required by the investigation. Neither newspapers, television,
magazines nor other media can publish your name and other information sufficient to
identify you.
6. At the prosecutor’s termination of the case, information such as your name, age, and
address will not be recorded in the Bill of Indictment or Statement of Non-Prosecutorial
Disposition.
7. If your body is injured, the prosecutor will invite a forensic doctor to conduct a detailed
examination of injury. For females, there will be a female bailiff or female clerk present
during the procedure.
8. If you find it difficult to describe details in front of a male prosecutor, you may request to be
interviewed by a female prosecutor.
9. During the proceedings, if you need to receive psychotherapy, counseling, placement, legal
aid or emergency treatment, you can request assistance from local Prevention Center.
10. After the indictment when the case enters court proceedings and you are summoned to
court to testify, you can contact the public prosecutor in advance to request appropriate
protective measures if directly confronting the defendant to give descriptions causes you
serious physical and mental trauma.
11. You can apply for victim compensation to alleviate your economic hardship. An application
can be made by yourself, your appointed agent, or via the local branch of the Association
for Victims Support of the municipal, county (city) governments, submitted to the Crime
Victim Compensation Review Committee under the Prosecutors’ Office in all District
Courts.
12. During the process of victim compensation review, your personal information will not be
disclosed; neither your name, age, address, nor any information sufficient to identify you
will be directly recorded on the Review Decision on Compensation.
13. Compensation review adopts the application in its written form; if there is a need to give
description in person, you can attend with the company of your family, friends or
professionals (e.g. social workers, psychologists or attorneys, etc.)
14. With regard to compensation items, in addition to medical expenses, and costs due to
inability to work or increased daily needs, you can also apply for consolation payment.
Part IV
The Court
1. Unless with your consent and deemed necessary by the judge, the trial of a sexual assault
case is not open to the public. You can appear in court to give full description without
worrying about the attendance of irrelevant people.
2. During the case hearing, you will receive an Inquiry Form Requesting Accompaniment
asking whether or not you will appoint agents, legal representatives, spouse, lineal
relatives or collateral relatives by blood within third degree of relationship (e.g. brother and
sister, uncle and aunt, nephew and niece, etc.), parents, family members (cohabitants),
physicians, psychologists, counselors or social workers to accompany; however, the
appointee cannot be suspects or defendants of the case. You simply need to post the
form back to the court, or call or fax to the court clerk to express your intention; the court
will then assist you to have them present at the hearing and express their views as well. If
you are under 18 years old, the municipal, county (city) government will designate a social
worker to be present on the scene; if you are at the age of 18 or over, you can also apply
to the municipal, county (city) government for the accompanying of a social worker, which
will not be rejected.
3. If you are the complainant and wish to appoint another person to appear in court on your
behalf, this is permissible by law. However, the court can still summon you to appear if
deemed necessary, which you must understand and cooperate.
4. If your appointee is an attorney, he/she is entitled to petition to the court for the review of
dossiers and evidence, and transcribing or photocopying information in the dossiers.
5. If you are the complainant, you will be given an opportunity to express your view before the
proceedings between the prosecutor, the defendant, and the defense attorney, so that
you can express your opinion directly to the court. If there is a need for you to confront the
defendant, the court will take considerable protective measures to ensure your safety.
6. If you are concerned that you are not able to describe all the facts for fear of the defendant,
the court, after review, may take the initiative or request your consent to conduct the
interview in a proper location outside the court, or make use of modern technology,
equipment or other segregation measures to separate you and the defendant when
questioning you.
7. When summoned to the court for testimony, if you are determined to be unable to answer in
your free will or comprehensively describe the facts, the court, after review, may take the
initiative to consider using modern technology, equipment or other segregation measures,
to separate you and the defendant when questioning you.
8. During the court proceeding, if you need to receive psychotherapy, counseling, placement,
emergency treatment or legal aid, you can request assistance from Prevention Centers of
the municipal, county (city) governments. In the hearing of sexual assault cases, if the
court finds it necessary for you to receive the above measures, it will notify local
Prevention Center for assistance immediately.
9. Any judicial documents that need to be publicized (e.g. the verdict) will not directly record
your name, or any relevant information that is sufficient to disclose your identity. This is
your protection by law. Please do not worry.
Part V
Sexual Assault Prevention Center
1. If you feel depressed, helpless, fearful, anxious, and distressed because of the sexual
assault incident, you are welcome to dial ‘113 Protection Hotline’ or contact local
Prevention Center for help. Our social workers will wholeheartedly provide you with
services, listen to your questions with empathy, and help face the problems together with
you.
2. If you need to be accompanied to hospitals or clinics for treatment, injury examination and
evidence collection, we are happy to escort you together with police officers, to protect
your safety.
3. For treatment, injury examination, and evidence collection in hospitals or clinics, expenses
such as registration fee and treatment and examination fees, which are excluded from
National Health Insurance coverage, need not be paid by you; the hospitals or clinics will
apply for subsidy to the local Prevention Center.
4. During the procedures of police interview, prosecutor investigation, and hearing before a
judge, your appointees, including your agents, legal representatives, spouse, lineal
relatives or collateral relatives by blood within third degree of relationship (e.g. brother and
sister, uncle and aunt, nephew and niece, etc.), parents, family members (cohabitants),
physicians, psychologists, counselors or social workers, may accompany you on the
scene and express their views to the judge. (Your appointed companion is best to be one
person, and cannot be the suspect or defendant of the case.) If you are under 18 years
old, the municipal, county (city) government will designate a social worker to be present
on the scene; if you are at the age of 18 or over, you can also apply to the municipal,
county (city) government for the accompanying of a social worker, which will not be
rejected.
5. If you want to know about the sexual assault proceedings or need an attorney’s assistance,
we will do our best to provide you with legal aid resources including legal advice and help
with hiring professional attorneys, to accompany you through this legal journey and
provide you appropriate financial aid.
6. If the sexual assault incident affects your ability to financially support yourself we will provide
you with an emergency living fund and help you rebuild your life.
7. If you need professional psychological counseling or treatment, we will provide resources
such as counseling and group counseling to help you, and subsidize the necessary costs.
8. If resettlement or work relocation happens at the time when you are receiving services at a
Prevent Center and you need to continue your counseling service, you can apply to our
social workers for referral to another Prevention Center, which also continues to provide
enthusiastic services and to help you out of the shadows as soon as possible.
Part VI
Association for Victims Support
1. If you suffer damages because of the sexual assault crime and need to apply for victim
compensation fund, you can contact our dedicated staff in various district branches by
yourself or apply via the referral of Prevention Center. We will sincerely and warmly
provide you with relevant information and assistance to apply for compensation.
2. Regardless of a criminal proceeding of sexual assault case, or a collateral civil suit
proceeding against the offender, as long as you require legal assistance, we are
committed to provisional professional legal services throughout the process including free
legal consulting, writing complaints on your behalf, or appointing defense attorneys in
court, to ensure you have ‘no fear of lawsuit.’
3. If you experience psychological trauma and negative emotions as a result of sexual assault,
such as fear, anger, helplessness, tension, anxiety, self-denial, inability to trust others, or
repeated recollections of the assault process, we hope you are willing to talk with our
psychological professionals and let us guide you through the darkness to rebuild a new
life.
4. With regard to the application and review procedures of the crime victim compensation fund,
and details of legal assistance or counseling services, if you have any questions, please
dial ‘0800-005-850 Toll-Free Hotline’ or contact our local branch office for inquiry. Our
dedicated staff are genuinely happy to provide you with caring service.