From a legal point of view, sexual violence means that someone infringes on a person's sexual decision. But generally speaking, sexual violence refers to physical, linguistic, psychological abuses relating to the sex.
Sexual violence is classified i...
From a legal point of view, sexual violence means that someone infringes on a person's sexual decision. But generally speaking, sexual violence refers to physical, linguistic, psychological abuses relating to the sex.
Sexual violence is classified into several kinds: sexual harassment, sexual infamy, sexual assault and so forth by the type of act, degree, and cognition, but usually it's regarded as the widest concept including a variety of sexual abuses.
As I mentioned above, sexual violence is the criminal act which infringes the freedom of sexual self-decision and personal rights, as happening regardless of the will of the other party or against the individual intention.
So far, sexual crimes tended to concealment, and the sexual violence victims were treated as the forgotten figures, degraded the object of examination in trial proceedings. In addition to suffer from the sexual crimes, sexual violence victims underwent or experienced the secondary damage from the investigation agency, the press, and so on. To prevent such damages and protect the victims, the Criminal Procedure Code was amended as well as several special laws was legislated.
On this dissertation, I try to examine into the institutions about the protection for sexual violence victims and search for the method of improvement.
The Amended Criminal Procedure Code established the foundation that the victims actively participated in trial proceeding by extending the legal position and protection of victims, some special laws made the systems for the victims' protection and support. However, the victims' practical or realistic protection is not realized yet. one of the reasons is not to be granted the right to designate the counsel to victims. In other words, as the victim, the person concerned the crime like the accused, is poor at legal knowledge and experience, the assistance of counsel is needed necessarily, but the existing laws don't contain such the provision. The right to have the assistance of counsel should be recognized not merely to the accused but also to the victim as the constitutional right.
For another reason, there is no guarantee that victims' identity and the secret of privacy will be kept. In spite of regulating invasion of privacy, that of victims' privacy has occurred in succession through the press. Besides, as the informations or details of witness have been revealed on the records of the trial and investigation which the accused can read at any time, the possibility of infringement of victim's privacy has always existed. Particularly, the pervasive effect of an invasion of victim's privacy is so large in society spread with internet. To solve these problems, the ethical awareness of the press and legal controls are required, and also, both individual and society must positively set out to reform the things mentioned above in order to ensure the rights.
Lastly, to protect the victims practically, the Aid Fund Institution for the victims of crime with the reality is necessary. First of all, the victims of crime must be able to receive aid without difficulty by loosening the strict rule. And the Aid Fund will be raised to meet the real situation.
The true protection for the sexual violence victims won't be achieved until the wrong social common notion disappears and such institutions mentioned above are completed.