Suffocating Love
Lawyer
“Victims often can’t be protected because of legal loopholes,” the lawyer says.
“Taiwan’s current laws on abusive partners still need to be strengthened.”
Attorney Lin Ying-Chun
Legal Options for Victims of Abuse in Intimate Relationships
Attorney Lin Ying-Chun outlines the legal avenues available for victims depending on the type of abuse:
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Physical Abuse
If an abusive partner physically harms a victim, they should seek medical attention immediately to document injuries. These medical records serve as evidence and can support civil claims for damages or criminal charges for assault under Taiwanese law. -
Emotional Abuse
Behaviors such as constant criticism or emotional blackmail are not currently covered by criminal law, including the Criminal Code or the Stalking and Harassment Prevention Act. Unless there is a direct threat to public interest or personal safety, the law generally does not intervene in matters of emotional conflict. -
Sexual Violence
Sexual acts committed without the victim’s consent, including rape or molestation, are protected under Articles 221 and onward of the Criminal Code. Victims can seek criminal prosecution. -
Coercive Control
If the abuser restricts the victim’s personal freedom—such as prohibiting contact with others—and uses threats involving property or personal safety, this may constitute “compulsion” under Article 304 of the Criminal Code, and possibly “intimidation” under Article 305. -
Legal Protection for Non-Cohabiting Partners
If the victim and perpetrator are current or former intimate partners who do not live together, they may still seek protection under Article 63-1 of the Domestic Violence Prevention Act.
Legal Penalties That Can Be Pursued Against Abusive Partners
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Inflicting physical harm can lead to charges of Assault under Article 277 of the Criminal Code.
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Forcing entry into a victim’s home may constitute Unlawful Entry under Article 306.
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Coercing a partner into sexual acts against their will is classified as Sexual Assault (Compelled Intercourse) under Article 221, which protects against violations of sexual autonomy.
Pursuing Civil Claims Against an Abusive Partner
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In addition to criminal charges, victims can seek civil damages through either a civil lawsuit or a civil action attached to the criminal proceedings. These claims may cover acts such as threats, defamation, or emotional harm.
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Civil cases in Taiwan follow an adversarial system, meaning “he who bears the burden of proof must prove it.”
Victims must provide clear evidence of harm—including proof that the abusive partner’s actions directly caused the damage.
If the court finds a causal link between the injury and the wrongful act, the victim’s compensation claim is likely to be approved. -
For emotional distress claims, victims are encouraged to seek professional medical treatment and request a diagnosis certificate.
This medical documentation can serve as crucial evidence, allowing the court to award appropriate compensation based on the extent of psychological harm.
(1) Legislative Background
Before the Stalking and Harassment Prevention Act came into effect in Taiwan, abusive partners—often referred to as “toxic lovers”—were primarily addressed under the Domestic Violence Prevention Act. However, this law offered limited protection against stalking behaviors.
Only individuals in familial or current/former intimate relationships could seek legal protection. Others had to rely on the Social Order Maintenance Act, which lacked the same enforcement power. Even qualified victims had to first obtain a civil protection order, making protection far from comprehensive.
(2) The Narrow Scope of Intent
Article 3 of Taiwan’s Stalking and Harassment Prevention Act limits punishable stalking behaviors to those related to sex or gender. While some lawmakers argue that expanding beyond this scope would make the law overly broad, others point out that such limitations fail to reflect the law’s stated purpose—which is to protect personal safety, autonomy, and dignity.
Whether or not stalking is sexually motivated, it can still severely impact a victim’s mental and physical well-being, freedom of movement, privacy, and sense of security. Therefore, to more fully protect victims and reduce unrealistically high legal thresholds, this limitation should be reconsidered.
(3) Revenge Porn and Legal Gaps
While Taiwan’s stalking law focuses on physical and digital surveillance, it does not address crimes involving sexual imagery, such as revenge porn or the distribution of non-consensual intimate videos.
However, in 2023, Taiwan introduced Articles 319-1 and onward in the Criminal Code, which address crimes involving sexual privacy violations and falsified intimate content. This amendment helps fill the legislative gap and better respond to modern threats posed by abusive partners.
(4) Low Conviction Rates and Unresolved Cases
Despite legal reforms, the conviction rate for abusive partner cases remains low, and many victims are unable to escape violent relationships.
According to case studies by the Modern Women’s Foundation, social workers often encounter victims who cannot clearly explain the abuse, refuse services, or display behavior that seems irrational.
This confusion often stems from being trapped in a psychological prison—a result of coercive control and long-term emotional manipulation.
To truly help, professionals must first understand the abuser’s patterns of control, the methods used, and their emotional and psychological impact on the victim. Only then can the survivor’s behavior be seen with clarity and empathy.
Attorney Lin Ying-Chun explains:
“Before the implementation of Taiwan’s Stalking and Harassment Prevention Act, protection against so-called ‘toxic lovers’ was limited to the Domestic Violence Prevention Act. However, that law only covered family members or current/former intimate partners, leaving most stalking behaviors outside the scope of punishment—relying instead on the Social Order Maintenance Act, which lacks teeth in such cases.”
“Even for eligible victims, protection under the Domestic Violence Prevention Act requires first obtaining a civil protection order, which makes the safeguards far from sufficient. In most cases, unless there is clear evidence or severe physical violence, the case may not progress. This makes **emotional and psychological abuse particularly difficult to address or resolve.”
