Anti-Stalking, Harassment Act Takes Effect 跟騷法6/1上路 雙北出現第一起觸法案件

The Stalking and Harassment Prevention Act came into force yesterday, and a violation has already occurred in the greater Taipei area. 

A person is pursued downstairs. A resident accused a man wearing green of stalking his girlfriend and following her into an apartment building. The two sides gave different stories. When this type of stalking and harassment incident occurred in the past, there was no dedicated law to punish perpetrators. The Stalking and Harassment Prevention Act went into effect on June 1, and the first violation has already been reported. 

Li Ping-tsang, Captain, Women's & Children's Protection Div., TCPD: “Starting at the end of last year, phone calls and messages were continuously used to harass. Yesterday, the ex-boyfriend once again used phone calls and messages with threatening language to harass her. This violated the Stalking and Harassment Prevention Act.”

After the couple split, the ex-boyfriend kept sending messages to his former girlfriend, some with obscene or threatening language. The police said the woman had previously applied for and been granted a domestic violence protection order, but her ex kept harassing her. This behavior already violated the Stalking and Harassment Prevention Act, including a provision on gender-related continuous harassment that intimidates a person. The police have already issued a written warning to the perpetrator in accordance with the act, and have notified prosecutors. They will also continue to investigate the ex-boyfriend's violation of the domestic violence protection order.

Li Ping-tsang, Captain, Women's & Children's Protection Div., TCPD: “In this case, there was already a domestic violence protection order. Prosecutors will be notified of any violations of the written order.”

The act covers eight types of stalking and harassing behaviors against a specific person, including interference by electronic communication measures and pursuit of the person. The police will first issue a written warning. If another violation occurs within two years' time, the victim can apply for a protection order. The public is reminded that stalking and harassment behaviors that took place before June 1, 2022 and aren't repeated after the new law went into effect can't be dealt with using the new law.

沿著樓梯，一路追下樓，住戶指控綠衣男子涉嫌尾隨他的女友，一路跟到公寓住處。雙方各說各話，以往發生這類涉及跟蹤騷擾案件沒有專法可管，不過6月1日跟騷法新制上路後，雙北市也出現首例觸犯新法的案件。

北市警局婦幼隊長李秉蒼表示：「從去年底開始持續電話跟簡訊來騷擾，那昨天前男友一樣用電話跟簡訊來騷擾她，就是一些恐嚇的言語，確實符合跟騷法的要件。」

雙方分手後前男友的簡訊沒停過，字字句句不堪入耳，甚至還帶有恐嚇意味，警方說，即使當事人先前已經向法院聲請並核發家暴保護令，但對方仍持續騷擾。這回更已經符合跟騷法構成要件，包含持續反覆、和性與性別有關，讓當事人心生畏怖，依法核發書面告誡，相關案件也將函送檢方偵辦，針對違反家暴保護令等部分也將續行偵辦。

李秉蒼說道：「就這件案件已經有家暴保護令了的話，我們一樣會針對他，（如果）違反書面告誡的行為一樣會函給檢察官來做一個偵辦。」

跟騷法實施後只要符合構成要件，並對特定人有通訊騷擾、不當追求等8樣態，警方會先進行書面告誡，2年內再犯被害人可聲請保護令，不過，警方也強調案件如果在6月1日前發生，而且在新法上路後，加害人沒有再有後續作為，就無法適用跟騷法。