KAOHSIUNG — On Feb. 25, 2026, Kaohsiung District Court sentenced 2 men to 4 years and 4 months and 3 years and 1 month in prison for forcible sexual intercourse that unfolded after a nightclub gathering moved to a nearby KTV. The court rejected defense arguments that the victim’s intoxication and lack of immediate help implied consent.
What the court said happened
The incident occurred early Jan. 15, 2023, after a group met at a nightclub and later continued to a KTV in Kaohsiung, according to reporting by UDN and China Times. A man identified only by his surname, Yan (Yan [嚴]), was found to have forced a woman into a first-floor public restroom and assaulted her while she was intoxicated and trying to resist, the reports said. A friend, identified by the surname Yeh (Yeh [葉]), came to the door, and prosecutors argued Yan invited him in to join the assault.
Defense arguments rejected
During the trial, the defendants argued the woman did not immediately seek help, attempting to cast doubt on whether she had consented, according to UDN. The court did not accept that reasoning, and instead relied on witness accounts and the woman’s emotional reaction after she escaped back to the KTV room, the reports said.
Legal context: “against the victim’s will”
Taiwan’s Criminal Code framework for forcible sex centers on whether the act was carried out “against the victim’s will,” including through force, threats, or other coercive methods, according to an explanatory summary published by the Taiwan High Court and cited in the court system’s materials. The same materials note a 1999 legal revision that moved away from requiring proof that a victim was rendered “unable to resist,” lowering the burden of showing extreme physical resistance.
Zoom-out
The ruling lands amid a wider public debate over whether Taiwan should move closer to an “affirmative consent” model in law, rather than focusing on whether actions violated a person’s will. Advocates also argue that prevention cannot rely on punishment alone, pointing to the need for staff training in nightlife venues, clearer intervention steps, and faster support after an incident. In Taiwan, police can be reached at 110, and the protection hotline is 113.
Sources & References
Kaohsiung District Court sentencing report (Feb. 25, 2026) — UDN;
Case detail and quoted criticism of “perfect victim” framing (Feb. 25, 2026) — China Times;
Judicial explainer on sexual autonomy crimes (updated Sept. 12, 2023) — Judicial Yuan;
High Court background on Article 221 and the “against their will” standard, including the 1999 revision — Taiwan High Court materials;
Judicial-data compilation cited for 2019–May 2023 figures — The News Lens;
Sexual harassment complaints up 17% and about 1,700 established cases (Mar. 8, 2025) — Central News Agency;
Reported sexual assault cases (2023 total 9,413) — DOPS data compilation page.
