III. Gender-based Violence and Access to Justice
media personnel to develop their competence in addressing this
issue.
The Judicial Process of Sexual Assault Cases:
Forensic Interviewer and Interpreter
10. The Sexual Assault Crime Prevention Act was amended in 2015 by
adding Article 15-1 (implemented in 2017) to introduce a forensic
interview system during the investigation or trial of sexual assault
cases involving children or mentally disabled persons. According to
the statistics of the Judicial Yuan, the Ministry of Justice (MOJ), and
the Ministry of the Interior (MOI), the use of forensic interviewers
in investigation or trial of sexual assault cases is very limited.12 In
addition, the provisions are too brief and general, which has long
made the role of forensic interviewers unclear. Are they interpreters,
witnesses, experts, or expert witnesses? Inconsistencies in practice
raises concerns about fairness in such cases.
11. For more information on sexual assault of migrant domestic workers,
please see §23.
12. The ineffectiveness of judicial interpretation (poor quality of
interpreters and interpretation, etc.) has undermined the right of
access to justice for female migrant workers who have been sexually
12
According to the MOL, the MOJ, and the Judicial Yuan, from 2017 to 2020, the percentages of
sexual assault cases in which the victims were children or mentally disabled people who used
professional assistance for questioning during investigation or trial are 3.38% to 11.63% in
police agencies; 2.95% to 7.76% in prosecutor offices; and 7.75% to 10.68% in courts.
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