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Captain Corea
Joined: 28 Feb 2005
Location: Seoul
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 Posted: Mon Dec 03, 2012 5:26 pm Post subject: Major Overhaul in Sex Crime Laws |
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Here's the original article in Korean
And The Marmot's Hole summary-
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The biggest change is that all sexual assaults are categorized as public crime. Previously, rape or sexual assault against adults were categorized as direct-action crimes [친고죄] or no-prosecution-contrary-to-intent crimes [반의사불벌죄], which meant that a private settlement precluded criminal prosecution. This meant that, previously, the perpetrator often applied undue pressure � which often bordered on extortion or blackmailing � on the victim, attempting to settle the case so that criminal charges may be avoided. After this amendment, this is no more. Another big change is to include adult men as a potential victim of sex crimes.
Penalties were also strengthened across the board. Previously, rape of a minor carried a maximum of 25 years in prison; now, a life sentence is available. The minimum sentence against sexual assault of a minor was raised from 3 years in prison to 5 years. Penalties against creating, distributing or possessing child pornography were also significantly enhanced. Also, statute of limitations against sexual assault against minors was abolished. (Previously, only rape against minors was exempt from statute of limitations.)
The diminution of mens rea based on intoxication � more commonly known as �I was drunk� defense � is no longer available as a grounds for reducing the sentence as to all sex crimes except for distribution of pornography. Sex offender registry is now easier to access, and sex offenders are excluded from a greater categories of occupations. (One notable inclusion is entertainment agencies, to protect aspiring entertainers.) |
Well, this sort of stuff seems to be headed in the right direction. No more (or reduced?) I was drunk defence. And I dig that bit about the pressure being taken off of victims.
I honestly feel that the turning point in all of this was a year or so back with that "Na Young" case (drunk guy raping elementary school girl and wrecking her insides). Public sympathy for drunks seems to tip the other way. |
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jonpurdy
Joined: 08 Jan 2009
Location: Ulsan
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| Posted: Mon Dec 03, 2012 6:26 pm Post subject: |
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| It's about time. The idea that a perpetrator could buy (or extort) their way out of jail time was also quite sickening. |
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GoldMember
Joined: 24 Oct 2006
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| Posted: Mon Dec 03, 2012 6:53 pm Post subject: |
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| Ok so the "I was drunk defense" no longer applies. How about the "attending court wearing pajamas and sitting in a wheel chair defense", that one probably still works. |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Mon Dec 03, 2012 7:40 pm Post subject: |
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| jonpurdy wrote: |
| It's about time. The idea that a perpetrator could buy (or extort) their way out of jail time was also quite sickening. |
I may be mistaken but isn't that called making an out of court settlement? |
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geldedgoat
Joined: 05 Mar 2009
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| Posted: Mon Dec 03, 2012 8:01 pm Post subject: |
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| Excellent. |
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Kepler
Joined: 24 Sep 2007
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| Posted: Mon Dec 03, 2012 8:49 pm Post subject: |
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| Stan Rogers wrote: |
| jonpurdy wrote: |
| It's about time. The idea that a perpetrator could buy (or extort) their way out of jail time was also quite sickening. |
I may be mistaken but isn't that called making an out of court settlement? |
In the US, you can work out a deal with the prosecutor to plead guilty in exchange for a reduced sentence or no sentence. That's not the same thing as avoiding criminal charges entirely by paying the victim ten million won or whatever. A criminal conviction will still appear on your record.
It's good to see Korea making a change for the better. The principal in Gwangju that was involved in raping handicapped students at his school only received probation. In contrast, a US soldier was sentenced to ten years for rape last year by a Korean court. When a US soldier here commits a crime it often turns into a huge US v. Korea issue and the prosecutor comes under a lot of public pressure to make sure the soldier is adequately punished. I guess there needs to be a change in the law to make sure that Korean sex offenders also face justice. |
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MoneyMike
Joined: 03 Dec 2008
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| Posted: Tue Dec 04, 2012 10:58 pm Post subject: |
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Great to see!
I'm a little confused as to why the 'I was drunk' defence still works for distributing pornography? I wish they'd just scrap it for everything, not just sex crimes. |
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Died By Bear
Joined: 13 Jul 2010
Location: On the big lake they call Gitche Gumee
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| Posted: Wed Dec 05, 2012 12:32 am Post subject: |
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| While this is a great step in the right direction, care should be taken so that the wrong people don't take advantage of the new reforms to extort money from innocent people. You know what I mean. |
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