After the start of the #MeToo movement in 2023, the government finally began to pay attention to “sexual harassment prevention” and initiated amendments to the “Gender Equality in Employment Act,” the “Sexual Harassment Prevention Act,” and the “Gender Equality Education Act,” collectively referred to as the “Three Laws for Gender Equality Amendments.” These were passed in July 2023 and fully implemented on March 8, 2024. However, whether the system can truly be implemented and continuously improved is the key. In addition to the trauma caused by the incidents themselves, victims of sexual harassment also face further harm due to the lack of friendly support systems, leading to additional mental and emotional distress.
On the eve of the comprehensive implementation of the new “Three Laws for Gender Equality,” the Garden of Hope Foundation (GOH) held a press conference, inviting legislator Fan Yun and Deputy Executive Director Ming-Ju Lee of the Judicial Reform Foundation to attend. Apart from discussing the shortcomings of the 3 gender equality laws, they also proposed policy solutions aimed at reducing the “systemic harm” suffered by victims in seeking assistance due to insufficient service resources, lack of positive support, and unfriendly system personnel.
Through the experiences of victims, we see systemic harm.
Since the start of the #MeToo movement in Taiwan in May 2023, GOH has provided assistance and counseling for a total of 913 cases until December of the same year, which is two to three times the volume of the previous year. Among these cases, 46% involved sexual harassment, 37% involved sexual assault, and the rest included stalking harassment, digital gender violence, and so on. The assistance needed encompassed legal advice (47%), psychological counseling (27%), social work accompaniment (14%), and other services, with subsequent case services for 171 individuals.
Victims seeking assistance from GOH during this period have often encountered setbacks in their previous help-seeking experiences. Apart from the “sexual trauma” caused by sexual harassment, they also suffer from “relationship trauma” due to the inability of important individuals around them to provide positive support, and sometimes even face “victim blaming.” Even when choosing to seek help from official systems such as reporting to the police or their company, they often find it difficult to obtain assistance, only to encounter more severe “systemic harm.”
Starting from trauma-informed approaches to reduce systemic harm from sexual harassment.
From the experiences of victims, GOH has identified three key points to reduce “systemic harm” to sexual harassment victims in the investigation process and social work services:
- The investigation process should be conducted in a “trauma-informed” environment to appropriately respond to the trauma experienced by victims and prevent secondary trauma.
- Social work services should prioritize the needs and emotions of victims, providing support and assistance tailored to their recovery journey.
- Measures against perpetrators should focus on restoration and counseling perspectives rather than solely punishment, including enhancing their understanding of boundaries and gender issues and promoting non-discriminatory practices.
Completing the legislative amendments is just the first step; the crucial point lies in whether they can be effectively implemented.
While the government has swiftly amended the “Three Laws for Gender Equality” in response to the #MeToo movement in Taiwan, the successful implementation remains to be seen. Challenges include defining “continuous sexual harassment behavior” in the new Gender Equality in Employment Act, coordinating actions between perpetrators and victims’ employers, and ensuring sufficient capacity and expertise in victim services. Furthermore, issues such as the statute of limitations for complaints from minors and victims of power harassment, and addressing various forms of harassment faced by gender minorities, need continuous scrutiny.
The amendments also aim to strengthen external complaint mechanisms and oversight to prevent victims from facing defamation or counterclaims when they come forward. However, there is still room for improvement, such as revising the definition of sexual harassment to emphasize the lack of consent and simplifying the statute of limitations provisions.
While the enactment of the new laws is commendable, there is still room for improvement.
Wang Yueh-Hao, the CEO of GOH, pointed out that even after the amendments, the Sexual Harassment Prevention Act still primarily defines sexual harassment as “violating consent,” which can easily lead to questioning victims about “why they didn’t explicitly refuse.” Particularly for victims of “power harassment,” who often find it difficult to refuse under unequal power dynamics, this definition may not accurately capture their experiences. Therefore, GOH suggests replacing “violating consent” with “without consent,” emphasizing the agency of the individuals involved and redirecting the focus of sexual harassment back to the behavior of the perpetrator.
Additionally, there is a need to establish a “sexual harassment case investigation professional talent pool” under the Gender Equality in Employment Act to provide employers with qualified external investigators. It is also crucial to improve the support system for sexual harassment victims, particularly in workplaces, where resources are often insufficient and rely heavily on funding from non-governmental organizations.
GOH continues to strive together to build a friendly environment.
Wang Yueh-Hao emphasizes that societal attitudes and systemic responses determine the outcome of trauma for victims of sexual harassment. By providing counseling services and promoting awareness through workshops, they aim to create a gender-friendly environment in various settings. Our fundraising project, “They Say You’re Overthinking It – MeToo Professional Support and Sexual Harassment Prevention,” seeks to provide comprehensive support for victims and accompany them on their journey to recovery.