You may make an administrative complaint and, if conduct constitutes a crime, a criminal complaint. Under the Sexual Harassment Prevention Act, non-power-based harassment complaints generally must be made within two years of learning of the incident and five years of its occurrence; for power-based harassment, the corresponding periods are three and seven years. Special rules apply to victims who were minors. Workplace sexual harassment follows the Gender Equality in Employment Act. Sexual Harassment Prevention Act Article 25's offense involving kissing, embracing or intimate touching when the person cannot resist in time requires a criminal complaint within six months of learning the offender's identity. You can seek support without first deciding which legal category applies.
Start with safety and support
If you are in immediate danger in Taiwan, call 110. For confidential support and help understanding your options, call the free, 24-hour 113 Protection Hotline. Write down the time, place, what happened and who was present; preserve messages, images and other records.
Where a public agency, school, institution or employer knows of an incident in a public or publicly accessible location it controls, it must help the victim make a complaint and preserve evidence, help summon police if needed, and protect safety and privacy (Sexual Harassment Prevention Act, Art. 7(2)).
Hotline source: Ministry of Health and Welfare 113 information ↗.
What counts as sexual harassment?
Outside sexual-assault crimes, Sexual Harassment Prevention Act Article 2(1) covers unwelcome sex- or gender-related conduct that harms dignity, creates fear, hostility or offense, or improperly affects work, education or daily life. Abuse of power or opportunity over a person under one's supervision, care or instruction in education, medical treatment, work or job seeking is power-based harassment (Art. 2(2)).
The implementing rules list forms including hostile words, unwelcome pursuit, voyeurism or filming, exposing intimate parts, obscene messages and unwanted kissing, embracing or intimate touching. Workplace and campus conduct may instead be governed by the Gender Equality in Employment Act or Gender Equity Education Act.
Where and when to make a complaint
A complaint under the general Act may be oral or written; the recipient depends on who the respondent is (Art. 14(3)):
- If the respondent belongs to a government body, military unit or school, complain to that body.
- If the respondent is its head, a school's principal, an organization's most senior person in charge or an employer, complain to the city or county competent authority where that body is located.
- If the respondent is unknown or another person, complain to police where the incident happened.
| Type | Complaint period (Art. 14(1)–(2)) |
|---|---|
| General sexual harassment | Within two years of learning of the incident; no later than five years after it occurred |
| Power-based harassment | Within three years of learning of the incident; no later than seven years after it occurred |
| Victim was a minor at the time | Within three years after adulthood, unless another applicable period is longer |
Investigation must begin within seven days after acceptance or transfer and finish within two months, extendable by one month with notice (Art. 15(1)). The investigation must give both parties a full opportunity to state their views and avoid repeated questioning. A review panel may pause the administrative process while criminal investigation or trial is pending if needed (Art. 16(2)). A complainant or respondent dissatisfied with the local authority's investigation decision may bring an administrative appeal under Article 16(4). Withdrawing a complaint bars another complaint about the same event (Art. 14(4)).
Organizations may not treat a complainant, witness or helper unfairly (Art. 9(1)). A victim's identifying information must not be publicly disclosed through media or other means (Art. 10(4)).
A criminal complaint may have a six-month period
意圖性騷擾，乘人不及抗拒而為親吻、擁抱或觸摸其臀部、胸部或其他身體隱私處之行為者，處二年以下有期徒刑、拘役或併科新臺幣十萬元以下罰金；利用第二條第二項之權勢或機會而犯之者，加重其刑至二分之一（第25條第1項）。
Unofficial English summary (not an official translation): Sexual Harassment Prevention Act Article 25(1) criminalizes, with intent to sexually harass, kissing, embracing or touching the buttocks, chest or another intimate body part when the person cannot resist in time; 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 power or opportunity under Article 2(2) increases the sentence by up to one-half.
This Article 25 offense requires a victim's complaint (Art. 25(2)), generally within six months after learning the offender's identity (Code of Criminal Procedure, Art. 237(1)). It may be made orally or in writing to a prosecutor or judicial police officer (Art. 242(1)). Other conduct may implicate a different criminal provision with different requirements.
Non-power-based harassment may be mediated (Sexual Harassment Prevention Act, Art. 18). If mediation fails, the victim may request transfer to the competent judicial authority within ten days after receiving the failure certificate. For a qualifying Article 25 matter transferred to the prosecutor, the complaint is treated as made when mediation was requested (Art. 22(2)(3)). If mediation succeeds and a court approves it, Article 21(5)–(6) gives the settlement binding consequences and bars a further administrative complaint, criminal complaint, private prosecution or civil action about the same event. Consider those effects before agreeing.
If the conduct is a sexual-autonomy offense under Criminal Code Articles 221 and following, the Sexual Assault Crime Prevention Act supplies additional protections. See the sexual-assault victim guide. The perpetrator is liable for civil damages under Article 12; for power-based harassment, the court may award punitive damages of one to three times the assessed loss on the victim's request, depending on the circumstances (Sexual Harassment Prevention Act, Art. 12).
If it happened at work
Workplace sexual harassment is generally handled under the Gender Equality in Employment Act, beginning with an employer complaint (Arts. 12, 32-1). A complaint may go directly to the local authority if the respondent is the organization's most senior person in charge or the employer, the employer fails to handle it, or the result is contested (Art. 32-1). See the workplace comparison guide for those separate deadlines and overlapping investigations.
When to seek legal advice
You can ask for advice if a deadline is near, the correct complaint office is unclear, you are considering a criminal complaint or you want to understand a proposed mediation agreement. This page provides general information, not individual legal advice.