An allegation is not a conviction. Before questioning, an accused person must be told the suspected offenses, the right to remain silent and the right to counsel; counsel can generally attend questioning. Most offenses in the Criminal Code's sexual-autonomy chapter do not require a victim's criminal complaint before prosecutors investigate; the Sexual Harassment Prevention Act Article 25 offense, by contrast, can be prosecuted only upon complaint. The accused's procedural rights and the victim's legal protections operate together.
First identify the alleged conduct and procedure
Acts such as nonconsensual intercourse or indecent conduct under Criminal Code Articles 221 and following are sexual-assault offenses with special investigation and trial protections under the Sexual Assault Crime Prevention Act. Conduct classified as sexual harassment but not a sexual-autonomy offense may be handled under the Sexual Harassment Prevention Act, or workplace and campus laws where applicable. Under the Sexual Harassment Prevention Act, Article 25 is the criminal provision for kissing, embracing or touching an intimate body part when the other person cannot resist in time.
When you receive a police notice or summons, identify the case description and alleged provision before deciding how to respond.
Basic rights during investigation
Before questioning, officials must tell an accused person every suspected offense, the right to remain silent without making an involuntary statement, the right to appoint counsel and the right to request investigation of favorable evidence (Code of Criminal Procedure, Art. 95(1)). If an unrepresented accused person says they have appointed counsel, questioning stops unless they agree to continue (Art. 95(2)).
An accused or suspect may appoint counsel at any time, including during police investigation (Art. 27(1)). Their legal representative, spouse, lineal blood relative, collateral blood relative within the third degree, or household head or member may also independently appoint counsel for them (Art. 27(2)).
What counsel may do during questioning
Investigation is generally nonpublic, but defense counsel may attend questioning by prosecutors, prosecutor investigators or police, take notes and state opinions (Code of Criminal Procedure, Art. 245(1)–(2)). Attendance may be restricted only where facts support a risk to state secrets, destruction or fabrication of evidence, collusion with an accomplice or witness, or disruption of investigative order; the reason must be entered in the record (Art. 245(2)–(3)).
被告或犯罪嫌疑人之辯護人，得於檢察官、檢察事務官、司法警察官或司法警察訊問該被告或犯罪嫌疑人時在場，並得筆記及陳述意見。（刑事訴訟法第245條第2項）
Unofficial English summary (not an official translation): Under Article 245(2), defense counsel may attend questioning, take notes and state an opinion, subject to the statutory exceptions.
Sexual-autonomy offenses and penalties
Principal Criminal Code provisions include nonconsensual intercourse (Art. 221, three to ten years' imprisonment); aggravated nonconsensual intercourse in specified circumstances, such as two or more offenders or a victim under 14 (Art. 222, at least seven years); nonconsensual indecent conduct (Art. 224, six months to five years); intercourse or indecent conduct exploiting inability to resist (Art. 225); intercourse with a person under 14 (Art. 227(1), three to ten years); and intercourse through abuse of a supervisory or care relationship (Art. 228). The precise elements and penalties must be checked against the charged provision and facts.
Does prosecution require the victim's complaint?
Most sexual-autonomy offenses do not require a victim's complaint. A prosecutor must begin investigating when a complaint, report, confession or other information reveals a suspected crime (Code of Criminal Procedure, Art. 228(1)). Criminal Code Article 229-1 sets narrow complaint-only exceptions: Articles 221 or 224 committed against a spouse, or Article 227 committed by a person under 18. By contrast, the Sexual Harassment Prevention Act Article 25(1) offense can be prosecuted only upon complaint (Art. 25(2)).
For a complaint-only offense, a complainant may withdraw before the end of first-instance oral argument and cannot file the same complaint again after withdrawal (Code of Criminal Procedure, Art. 238). For other offenses, investigation and prosecution may continue even if a victim does not wish to pursue the case.
Avoid conduct that may harm the case or others
Where serious suspicion exists, concrete risk of destroying or falsifying evidence or colluding with an accomplice or witness is one statutory ground for pretrial detention (Code of Criminal Procedure, Art. 101(1)(2)). Do not privately contact a complainant, victim or witness to press for withdrawal or a particular account. Such contact may harm the person, create other legal issues or raise a concern about witness interference. Use counsel and formal procedures to convey a response.
At trial, the accused and counsel generally may not question or present evidence about a victim's sexual experiences with people other than the accused unless the court finds it necessary (Sexual Assault Crime Prevention Act, Art. 23(4)). The court must stop sex-discriminatory statements or conduct directed at a victim (Art. 25). These victim protections coexist with the right to defend the charge.
When to seek counsel
Seek advice before attending if you receive a police interview notice or prosecutor's summons, do not know the alleged provision or are unsure which rights to assert. This page provides general information, not individual legal advice.