| 英文摘要 |
This article discusses the behavior of sexual harassment stalking, which is different from the general stalking and also apart from the general sexual harassment. General kind of stalking might be in order to demand repayment, to get news by a journalist, or to admire an artist or other public figures; those behaviors would cause no more than some discomfort to the life of the people who are stalked by, but no mental fear or anxiety in life. Apart from that, a sexual harassment stalking means a repeated entanglement with sexual intention by the stalker. This behavior is not an emotional trial between men and women, but causes the victims panic and fears mentally. According to the current law, even if the victim of stalking asks the police for help, the stalker will only be reprimanded firstly, or be punished by a very low amount of fine when the stalker doesn’t follow the reprimand. The punishment is almost insignificant and hard to deter the behavior of sexual harassment stalking. This article believes that in order to uphold the right to sexual autonomy more completely, and to let people free form fear of sexual offences as well, it is necessary to consider criminalizing the behavior of sexual harassment stalking. Besides, based on the protection of various safety for the victim of sexual harassment stalking, this kind of harm must be treated the same way as “sexual harassment with physical contact” and sanctioned in Sexual Harassment Prevention Act. This article suggests adding the 2nd section to article 25th in Sexual Harassment Prevention Act: “A person who for purpose of sexual harassment keeps repeatedly stalking after being reprimanded in written form by police authorities shall be subjected to the same punishment.” The main reason is to avoid pre-penalizing excessively, so that there should be a record of reprimanding in written form by police authorities in first to show the seriousness. This kind of legislation takes both “protection of victims” and “the ultima ratio of penalty” into account. |
