Accused of Sexual Harassment in Taiwan? What to Do After a Complaint or Police Notice
Receiving a sexual harassment complaint from your employer, school or the police can be unsettling. Your first priority is to understand which procedure has started, what conduct is alleged and when you must respond.
In Taiwan, “sexual harassment” is not a single criminal offense. An allegation may involve an internal workplace investigation, a school investigation, an administrative complaint, criminal proceedings or a civil compensation claim. Several processes may proceed at the same time.
A complaint is not a finding of liability. However, ignoring it or responding impulsively can make the situation harder to manage.
1. Identify the Procedure Before Responding
Different notices require different responses.
An employer or HR notice may concern a workplace investigation under the Gender Equality in Employment Act.
A school Gender Equity Education Committee notice may concern a campus investigation under the Gender Equity Education Act.
A local-authority or police complaint notice may concern an administrative procedure under the Sexual Harassment Prevention Act.
A police interview notice or prosecutor’s summons may concern a criminal investigation. Confirm your status and the alleged offense.
Civil court documents may concern compensation, mediation or another claim requiring a separate response.
➠The applicable framework depends on the parties’ status and relationship, rather than simply whether the incident occurred at work or on school premises. law.moj.gov.tw
Do not assume that a police notice necessarily concerns a criminal charge, or that an internal complaint cannot lead to additional proceedings.
2. Five Immediate Steps to Protect Your Rights
▫️Keep Every Notice and Check the Deadline
Preserve letters, emails and messages. Record the case number, issuing organization, response deadline and interview date.
➠If the allegations are unclear, request the information necessary to understand and answer them. Do not assume an extension has been granted unless it is confirmed.
▫️Avoid Unnecessary Contact With the Complainant
Do not pressure the complainant to withdraw, change their account or discuss the case through friends.
➠Avoid posting accusations or private communications online. If work or study requires continued contact, use appropriate formal channels and follow any contact restrictions.
▫️Preserve Complete Evidence
Relevant evidence may include messages, emails, access records, calendars, work assignments, photographs, CCTV and witness information.
➠Keep original files and surrounding context. Request preservation of CCTV promptly where appropriate, because recordings may be overwritten.
Preserving evidence does not authorize access to another person’s account, device or private records.
▫️Prepare a Factual Timeline
List the date, location, people present, words used, alleged contact and relevant events before and afterward.
➠Separate what you personally observed from what you infer. If you do not remember something, say so rather than inventing details.
▫️Obtain Advice Before a Formal Statement
In criminal proceedings, defense counsel may generally attend questioning, take notes and express opinions, subject to statutory exceptions. law.moj.gov.tw
➠Your rights and obligations in an employer or school investigation are different. Whether counsel may attend, act as a representative or access particular materials depends on the applicable procedure.
3. How Is Sexual Harassment Assessed?
Under the Sexual Harassment Prevention Act, the assessment concerns specified unwanted conduct related to sex or gender and its effects, including harm to dignity, intimidation, hostility, offense or improper interference with normal activities. It also covers certain demands linking acceptance or rejection to benefits or opportunities. law.moj.gov.tw
“It was a joke,” “I meant no harm” and “they did not object immediately” do not automatically resolve the allegation.
Investigators must examine the conduct and context. The complainant’s experience matters, but the inquiry should not stop at an unsupported label or assumption.
★Workplace and campus cases have their own statutory definitions. Authority, supervision and differences in power may also affect the assessment.
4. Criminal Liability: Article 25 or Article 224?
Allegations involving unwanted physical contact require careful legal classification.
▫️Article 25 of the Sexual Harassment Prevention Act
Article 25 concerns a person who, with intent to sexually harass, takes advantage of another person’s inability to react in time to kiss, embrace or touch their buttocks, breasts or other intimate areas.
The penalty is up to two years’ imprisonment or short-term detention, with a possible additional fine of up to NT$100,000. Abuse of the specified authority or opportunity can increase punishment by up to one-half.
This offense requires a criminal complaint. law.moj.gov.tw
▫️Article 224 of the Criminal Code
Article 224 concerns indecent acts committed through violence, coercion, threats, hypnosis or other methods against the person’s will.
The penalty is six months to five years’ imprisonment. mojlaw.moj.gov.tw
The distinction cannot be determined solely by the body part touched or the words “hugging,” “kissing” or “touching.” The manner, duration, surrounding interaction and other evidence matter.
Do not assume that a notice using the general term “sexual harassment” necessarily involves the less serious charge.
5. Criminal and Administrative Deadlines Are Different
For complaint-dependent criminal offenses, Article 237 generally requires a complaint within six months after the person entitled to complain learns the offender’s identity. law.moj.gov.tw
That is not a universal deadline for every sexual harassment procedure.
💡Under Article 14 of the Sexual Harassment Prevention Act:
Non-authority-based harassment: generally within two years of learning of the incident, subject to a five-year limit from its occurrence.
Authority-based harassment: generally within three years of learning of the incident, subject to a seven-year limit.
Incidents involving a minor: a separate rule permits complaints within three years after adulthood, with a longer applicable period preserved where specified. law.moj.gov.tw
Workplace and campus procedures must be checked separately. The incident date and applicable transitional rules may also matter.
6. Workplace and Campus Investigations Require Separate Attention
▫️Workplace Complaints
Confirm the allegations, investigation rules, interview arrangements and opportunity to submit witnesses or documents.
Workplace investigations should be objective, fair and professional, with opportunities for the parties to explain their positions. Temporary changes to duties may be possible in specified circumstances; they are not equivalent to a criminal conviction. law.moj.gov.tw
Check any decision affecting duties, pay or workplace contact and identify the appropriate review procedure.
▫️Campus Complaints
A school investigation may proceed separately from criminal proceedings. Its consequences can include disciplinary or employment measures, depending on the person’s status and the findings.
The Gender Equity Education Act provides investigation and review procedures. Students, teachers and other personnel may have different subsequent remedies. edu.law.moe.gov.tw
Waiting for the criminal case does not necessarily protect a deadline in the workplace or school process.
7. Administrative Fines and Civil Claims
Where the Sexual Harassment Prevention Act applies, a substantiated administrative complaint may result in a fine:
NT$10,000–100,000 for non-authority-based harassment.
NT$60,000–600,000 for authority-based harassment. law.moj.gov.tw
A civil compensation claim may also arise and requires separate assessment of liability, harm and supporting evidence.
An administrative finding is not a criminal conviction. Conversely, non-prosecution or acquittal does not automatically cancel every workplace, campus, administrative or civil outcome.
8. Can Settlement or Withdrawal End the Case?
🚨It depends on the procedure and offense.
For Article 25’s complaint-dependent offense, a valid withdrawal can affect the criminal proceedings. However, it does not automatically resolve every related administrative complaint, disciplinary issue or civil claim.
Article 224 is generally prosecuted without requiring a complaint, subject to statutory exceptions. Withdrawal therefore does not ordinarily end such a prosecution by itself.
Before signing a settlement, identify:
Which proceedings and claims it covers.
Any required withdrawal steps.
Payment amounts and deadlines.
Contact and confidentiality arrangements.
Whether official mediation or court approval is required.
➥A general promise that “neither side will pursue the matter” may not achieve every intended legal effect.
9. How Should You Prepare a Written Response?
An effective response answers specific allegations with relevant evidence.
Begin with the notice, case reference and procedural stage. Then address the alleged events in chronological order, linking each important fact to a document, record or witness.
Where appropriate, request investigation of a particular witness, preservation of CCTV or examination of records that may clarify the events.
➥Avoid unsupported personal attacks, public identification of the complainant or disclosure of unrelated intimate information. Friendly messages before or after an incident should be assessed in context; they do not automatically prove that the alleged conduct was welcome.
10. How Legal Consultant Can Assist
Legal Consultant can help identify the applicable procedure, review evidence and prepare a response tailored to the allegation.
Assistance may include criminal interview preparation, representation during questioning, written submissions, evidence requests and assessment of review or appeal options.
➥For workplace, campus and administrative proceedings, the scope of representation depends on the applicable rules. Settlement should be assessed after understanding the evidence and its legal consequences.
Frequently Asked Questions
Q1：Does a complaint mean I will be convicted?
No. A complaint may begin an internal or administrative investigation. Criminal liability requires proof of the particular offense.
Q2：Can I ignore an employer’s notice?
Ignoring it may mean losing an opportunity to explain relevant facts. Confirm the procedure and deadline, then respond appropriately.
Q3：Is “I was only joking” a complete defense?
No. The conduct, context and applicable legal requirements must be examined.
Q4：Does hiring a lawyer imply guilt?
No. Seeking legal advice helps you understand the procedure and exercise your rights.
Q5：Does withdrawal of the criminal complaint end everything?
Not necessarily. Other proceedings may continue, and some criminal offenses do not depend on a complaint.
Q6：Does temporary suspension from work prove the allegation?
No. It may be an interim measure. Its legal basis, duration, pay implications and review options should be checked.
👨🏻⚖️After receiving a complaint or police notice, preserve the documents, confirm the procedure, avoid inappropriate contact and prepare an evidence-based response.
※ This article provides general information about Taiwan law. Applicable procedures, deadlines and liability depend on the incident date, parties’ status, setting and complete evidence.
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