證據證據證據還是證據」
"Evidence, evidence evidence"
Today, when the editor-in-chief of charity and charity later were recording the Law Law Show, they talked about this hot news event. The editor-in-chief asked Aixin attorneys how to think about this sexual harassment press conference. Aixin’s lawyer shared his opinions: "Female artist in the press It was said at the meeting that what she is doing now is to restore the situation at the time (=only statement, no substantive evidence).
Although the female artist said that the event organizer's public relations company has apologized to the female artist, which is evidence.
But why the content of the apology of the public relations company to the female artist cannot be made public (such as a text message or a recording of a conversation record or an email). Can such a statement be regarded as a male artist admitting to sexual harassment, but seeing the male artist? Immediately issued a choking statement through his own brokerage company, and encouraged the female artist to lodge a complaint. The Aixin lawyer felt that the male artist had stated that he clearly denied it.
Therefore, at present, it seems that there is only the voice of the female artist personally speaking out, and there is no strong evidence that the female artist has been sexually harassed. "The love lawyer reminds the editor-in-chief whether there are witnesses (such as a producer or a lighting engineer next to the stage). It’s possible to talk to the sound controller, even the makeup artist, and the agent to prove that it is possible that there is a surveillance video recorder at the performance site that is kept live, or there is a large-screen camera on the scene to broadcast the whole process of live recording. Will be the evidence produced)
In addition, the editor-in-chief and the Aixin lawyer wanted to understand why female artists gambled forward/money for no reason, offending manufacturers and male artists’ predecessors, and unilaterally convicted male artists of sexual harassment. Aixin lawyers believe that "if a sexual harassment lawsuit is to be formed, it is feared. Easy things."
Attorney Love once again suggested that witnesses should be emphasized in the law, or evidence with clear photos or complete images can prove sexual harassment, and only then can we constitute a criminal suspect! We often see cases of sexual harassment on the MRT. The victim must immediately identify the offender of the sexual harassment. However, at the female artist press conference this time, there is no way to present complete evidence, even without professional lawyers, so That’s why a press conference that feels that preparation is not complete
The editor-in-chief of Aixin also feels that the three-in-one event of different attributes, including endorsement of merchandise charity donations, and upcoming new dramas, are all used for one-time complex publicity. The on-site media originally thought that this press conference was very serious. As a result, everyone felt that it was like eating a buffet with all kinds of dishes. This was a serious mistake in the operation skills of public relations. Regardless of whether it is a media press conference on sexual harassment announcements in countries around the world, I have never seen a product or a work that is used as a composite propaganda. This is also not a serious attitude that everyone will look at this incident.
The editor-in-chief of Aixin and Aixin lawyers once again reminded that a professional clarification or announcement of a press conference must be accompanied by a lawyer and agent at the main table. The editor-in-chief of Aixin suggests that you can refer to and watch the actor Huang Xiaoming’s recent CCTV popular series "Emergency Public Relations" let's take a look at how to properly hold a press conference for crisis management. There are very complete training materials in it!
In addition, there are lawsuits about sexual assault and harassment. You can refer to the classic legal film "Trilogy of Extrajudicial Affairs" performed by the actor Andy Lau. The focus of the film is to have witnesses or the victims have a way to file Relevant evidence of infringement or persecution.
Therefore, the editor-in-chief and the love lawyer really hope that everything will come to an end peacefully, and once again remind everyone that if you are sexually assaulted or harassed, please be the first to prepare information and report to the police as soon as possible, instead of writing articles on the community for publicity , This will hurt yourself instead, so that more innocent people will be involved in the peachy storm of saliva!
今天愛心總編輯跟愛心律師在錄Law Law Show節目的時候,聊到這一段熱門新聞事件，總編輯請教愛心律師怎麼看這一次的性騷擾記者會，愛心律師分享愛表達意見：「女藝人在記者會上說， 她目前做的 就是--還原當時情形 (=只有說法，沒有實質證據)。
女藝人雖說，活動主辦方公關公司有對女藝人口頭道歉，就是證據。
但公關公司對女藝人的道歉內容為何不能明白公開於世（例如簡訊或者是對話紀錄錄音檔或者是電子郵件），這樣的說法能否視為男藝人承認有性騷擾的行為，但看到男藝人立馬透過所屬經紀公司發聲明嗆聲，並鼓勵女藝人提告，愛心律師覺得男藝人已經表態顯然是否認。
故目前，似乎只有女藝人個人的大聲疾呼 ，並《無》有力證據，能夠證明女藝人被性騷擾「愛心律師提醒總編，在表演現場現場是否有目擊證人（如舞台旁邊的製作人或者是燈光師跟音控師甚至是化妝師還有經紀人，能夠出面證明，或者是在表演場地有監控攝錄影機檔案現場實況留存，或者是現場有大屏幕轉播的攝影師全程實況錄影檔案，都可能會是產生的證據）
另外總編輯跟愛心律師想了解，為什麼女藝人無緣無故賭上前/錢途，得罪廠商、男藝人前輩，而單方面認定男藝人有性騷擾行為，愛心律師認為「如果要形成性騷擾官司，恐非易事。」
愛心律師再次建議在法律上面強調目擊證人，或者是清楚照片或者是完整影像的證據，能夠證明有性騷擾的行為，才有辦法構成犯罪嫌疑！我們常常看到捷運上面有被性騷擾的案件，被害者當下立馬，就必須要揪出性騷擾犯罪者，可是這一次女藝人記者會上，沒有辦法提出完整的證據，甚至沒有專業律師陪同，所以才會產生覺得準備沒有完整的一場記者會
愛心總編輯也覺得，把不同屬性的事件，三合一併在一起，包括代言的商品公益捐贈，即將上檔的新戲，都拿來做一次性複雜宣傳。現場媒體原本以為這個記者會，是非常嚴肅的，結果讓大家覺得，好像在吃自助餐一樣，什麼菜色都有，這個在公關的操作技巧上面，是嚴重失誤的。無論是世界各國有關於性騷擾宣告媒體記者會，從來沒有見過有商品或者是作品，拿來做置入複合式宣傳的，這也是大家不會用很嚴重的態度，來看這次的事件。
愛心總編輯與愛心律師再次提醒，一個專業的澄清或者是宣告記者會，是必須有律師與經紀人陪同列席主桌的，愛心總編輯建議大家可以參考收看收看一下影帝黃曉明最近演出央視的熱門連續劇「緊急公關」來看看危機處理要如何正確的召開記者會，裡面有作非常完整的教材訓練！
另外有關於性侵性騷擾的官司案例，大家可以參考影帝劉德華演的經典法律電影「法外情三部曲」，在電影中著重的焦點，都放在要有目擊證人或者是受害者有辦法提出相關被侵害或者是被迫害證據。
所以總編輯跟愛心律師真的希望所有的事情都能和平落幕，再次提醒大家如有被性侵或性騷擾的時候請第1時間，趕快準備好資料報警，而不是在社群上面寫文章做宣傳，這樣反而傷害到的會是自己喔，讓更多無辜的人捲進桃色風暴口水戰中裡面！
分享愛❤️衛生福利部保護服務司定義何謂性騷擾
What is sexual harassment defined by the Department of Protective Services of the Ministry of Health and Welfare
As long as the behavior is related to sex or gender against another person’s will, even if the perpetrator argues that touching the victim is an expression of concern, as long as the other person feels offended and uncomfortable, it improperly affects the other person’s normal life. It may constitute sexual harassment. It can be seen that the most important factor in defining sexual harassment is the victim’s feelings and wishes. Therefore, the same kind of behavior that occurs to different people may be the difference between "sexual harassment" and "not sexual harassment."
只要對他人實施違反其意願而與性或性別有關之行為，即使加害人辯稱碰觸受害人是表達關心，但只要讓對方感覺到被冒犯、不舒服，而不當影響對方正常生活之進行，就有可能構成性騷擾。由此可知，界定性騷擾的最重要因素是被害人的感覺與意願，因此同樣一種行為發生在不同人的身上，可能就是「性騷擾」與「不是性騷擾」的區別