For years, prostitutes caught in police raids in Taiwan were punished under the law, while their clients walked free. However, this law was challenged as "unfair" by two judges in a recent case involving two elderly prostitutes, and the justices' petition for a judicial review has led to an upcoming change in the rules.The Constitutional Court decided Friday that the relevant article in the Social Order Maintenance Act violates the principle of equality enshrined in the Constitution, and that new regulations should be worked out by the administration and the legislature.
As amendment of the regulations and penalties pertaining to prostitution requires administrative and legislative review and planning, the Constitutional Court ruled that the existing law will be retained for two more years until Nov. 5, 2011.
Meanwhile, the judges suggested that the police and judicial authorities show "leniency" when dealing with the punishment of prostitutes, whom they described as socially disadvantaged individuals.
Under the existing act, law enforcement authorities may detain a prostitute for a maximum of three days or impose a fine of up to NT$30,000. Prostitutes could also be sent to reform institutions for a period of six months to a year, under the law.
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