Taipei: Several NGOs have called on Constitutional Court justices to abolish the 20-year statute of limitations that applied to rapes of minors before 2006, advocating for the rights of abuse survivors to be fully recognized and protected.
According to Focus Taiwan, during a press conference, the groups highlighted a Ministry of Justice statistic revealing that 1,097 victims of rape have been unable to press charges over the past 20 years due to the existing statute of limitations. Consequently, many perpetrators remain unpunished, evading justice due to these legal constraints.
The concerned NGOs, including the Nuan Nuan Sunshine Association and Citizen Congress Watch, have been in contact with over 60 survivors of rape, of which 30 have initiated legal proceedings. It was noted that 90 percent of these 30 survivors were minors at the time of the alleged assaults. The law prior to 2005 did not consider the delayed disclosure often associated with sexual abuse trauma, thus limiting survivors from seeking justice once reaching adulthood.
While the legal framework was amended in 2005, extending the statute of limitations for rapes of minors to 30 years effective from 2006, the groups argue for the complete removal of such limitations. They pointed out that several countries, including Germany, the United States, Japan, Austria, Denmark, and Italy, have already extended or abolished statutes of limitations for similar cases, urging Taiwan to align its legal protections with international standards.
In addition to appealing to the Constitutional Court, the NGOs have called on the Cabinet to amend the Criminal Code to extend or abolish the statute of limitations for rape. They also suggested revising the time limits for compensation claims under various laws, including the Civil Code, the State Compensation Law, and the Crime Victim Rights Protection Act.
Lawmakers from the ruling Democratic Progressive Party (DPP), which held control over the government from 2016 to 2024, expressed their support for the NGOs during the press conference. DPP lawmaker Fan Yun shared her involvement in multiple cases of minor rape, where victims could not seek justice due to expired statutes of limitations. Fan has proposed an amendment to start the statute of limitations from when victims reach adulthood, rather than from the time of the offense.
Fan urged the Constitutional Court Justices to affirm the rights of minors who have been sexually assaulted, and called on opposition lawmakers to approve the nominations of new justices, ensuring justice for these victims. The Constitutional Court is currently deliberating on a case from March 2024, questioning the constitutionality of the statute of limitations for pre-2006 sexual assault cases. The decision has been delayed due to a shortage of justices, as the opposition-controlled Legislature has yet to confirm DPP-nominated candidates.