The ultimate purpose of criminal justice is not only to confirm the government's authority to impose criminal penalties, but to resolve conflicts between the offender and victim. Accordingly, the argument that criminal justice must proactively attend ...
The ultimate purpose of criminal justice is not only to confirm the government's authority to impose criminal penalties, but to resolve conflicts between the offender and victim. Accordingly, the argument that criminal justice must proactively attend to and care for the victims of sexual violence should be understood as a fundamental postulation toward discovering an ultimate solution to criminal matters, in addition to the need to simply confirm the truth. Such argument is also meant to augment the protections for victims rights, which are required in criminal justice proceedings, and also sets the direction for aggressive safeguarding of victims rights.
The legal system at present gives short shrift to the protection of sexual violence victims rights. It is imperative to seek substantive relief or protection for those victims. Towards this end, the definition of the targets of rape under the Criminal Act should be expanded; the definition of crimes encompassing a wide range of violations of sexual autonomy rights should be established; and the requirements for victims complaints for prosecution of certain types of crimes be abolished. While conducting investigations, the investigative authorities must endeavor to guarantee victims human rights by such means as minimizing the summons of victims to protect their rights, improving the investigation environment, and exercising self-restraint to prevent any interrogations infringing upon their right to integrity.
There is also a need to expand the scope of crimes regarding which the victims may be accompanied by reliable persons during investigations and to specify such persons who are entitled to accompany the victims. Furthermore, secondary damage incurred by victims must be prevented by expanding the allowable scope of video recordings in the investigation process, and witness protection should be improved.
The right to participate in trial proceedings and to make statements in court must be guaranteed. At the same time, appropriate legislation should be devised to render assistance from attorneys-at-law available. In addition to creation of waiting room in a court for victims and acknowledgment of probative value of evidence for video recordings(i.e. videotapes, etc.) of victims statements in the investigation process, a dedicated full bench needs to be organized. The current situation also requires a legislative review regarding possible introduction of compensation orders to provide economic assistance to victims.