NGOs urge abolition of statute of limitations on rape of minors

Taipei, July 23 (CNA) Several NGOs on Wednesday urged Constitutional Court justices to overturn the 20-year statute of limitations that existed for rapes of minors before 2006 so that such cases can proceed and protect the rights of those who were abused.

At a press conference, the groups cited a Ministry of Justice statistic that over the past 20 years 1,097 victims of rape could not press charges against their perpetrators because of the statute of limitations, which means the perpetrators are still at large.

The groups, including the Nuan Nuan Sunshine Association and the Citizen Congress Watch, said they have made contact with over 60 such rape survivors, with 30 of them having initiated legal actions.

They said 90 percent of the 30 survivors were under 18 years old when they were allegedly assaulted, but the law as it existed prior to 2005 did not account for the delayed disclosure of sexual abuse trauma often seen in such cases.

That resulted in survivors being restricted by strict statutes of limitations once they reached adulthood.

After the law was amended in 2005 and took effect in 2006, the statute of limitations for rapes of minors was extended to 30 years, but the groups suggested that not having any statute of limitations might be the best approach.

The groups said several countries, including Germany, the United States, Japan, Austria, Denmark and Italy, have all extended or abolished the statute of limitations for such cases, and Taiwan should ensure that legal protections for rape survivors match universal standards and truly protect minors' rights.

Beyond appealing to the Constitutional Court for help, the groups also called on the Cabinet to amend the Criminal Code to further extend or abolish the statute of limitations for rape, though they did not suggest an appropriate length for an extension of the time limits.

They also recommended that the Cabinet revise time limits for compensation claims under the Civil Code, the State Compensation Law, and the Crime Victim Rights Protection Act.

Lawmakers of the ruling Democratic Progressive Party (DPP), which controlled the executive and legislative branches of government from 2016 to 2024, backed the groups at the press conference.

One of them, Fan Yun (范雲), said she has assisted in multiple cases involving the rape of minors, in which many victims were sexually abused over long periods by family members or teachers.

They were unable to seek justice, however, because the statute of limitations had expired, allowing perpetrators to claim innocence through this legal loophole, she said.

Fan said she had proposed an amendment in 2022 to begin the statute of limitations from when survivors reach adulthood, rather than from when the offense was committed.

Fan urged the Constitutional Court Justices to recognize the rights of minors who have been sexually assaulted, and called on opposition lawmakers to approve the nominations of new justices to ensure these victims can receive the justice they deserve.

She was referring to a case accepted by the Constitutional Court in March 2024, which will determine whether the statute of limitations for sexual assault cases prior to 2006 is constitutional.

A ruling has yet to be made, partly due to a shortage of justices currently serving on the Constitutional Court because the Legislature, currently controlled by opposition parties, has not confirmed justice candidates nominated by the DPP administration.