Our society has been put into circumstances free from crimes with sexual violations any longer because of a series of such crimes recently happening around. They have been prevalent beyond description such as so-called “Balbari case”, Yongsan case...
Our society has been put into circumstances free from crimes with sexual violations any longer because of a series of such crimes recently happening around. They have been prevalent beyond description such as so-called “Balbari case”, Yongsan case of murdering a child after sexual assaults and recent issue of Jeju case of murdering a female teacher after sexual assaults.
Subsequently, this study identifies the realities of countering such crimes with sexual violations in consideration of the realities in our country, tries to find out the problems, and attempts to seek for the realistic improvements and new countermeasures against such crimes. With regard to the organization, the theoretical background of crimes with sexual violations was dealt with first, and then the fundamental ground was obtained by considering the trends of penal countermeasures against such crimes with sexual violation in major foreign countries. In addition, laws in relation with crimes with sexual violations in our country were reviewed, the current realities of countermeasures were analyzed, and the improvements were suggested by finding out the problems.
Firstly, from the perspective of laws, it is thought to be necessary to divide into the levels of first, second and third degree, and punish it by preparing proper supplements and reasonably extending its requirements of constitution although there are many problems such as excessive indictments and others as there are considerable restrictions to punish light sexual assaults, adultery without consent, etc. under the current laws, as well as schemes to abolish the institution of prosecution prescription in the provisions of current penal law or to extend them appropriately should be reviewed. In addition, the provisions of punishment against rape to the pregnant shall be reinforced and the abuse of probation shall be prevented in consideration of the assessment of culpability with other crimes. Moreover, schemes to reasonably integrate the laws of crimes with sexual violations shall be now reviewed rather than to massively generate many special laws through establishing and amending them, considering the Special Act of Crimes with Sexual Violations. The crimes with sexual violations against minority shall be heavily punished within a range of proper jurisdiction. On the other hand, the recognition toward crimes with sexual violations shall be increased by expanding the range of opening the personal records for the violators in the laws relating to the protection of youth.
Secondly, from the perspective of operation, they should be accurately and promptly processed at their maximum in the stages of investigation or prosecution and the necessity of making provisions on the basis of explicit statements is also raised, because of the facts that the longer the processing is delayed, the more victims suffer in terms of processing time for such crimes with sexual violations. In addition, the fairness with other crimes has to be considered for the investigation under confinement in case of crimes with sexual violations because it is impossible to carry out the investigation under confinement before any manifest charge is proved against such crimes when we consider the requirements for such confinement. Subsequently, dismissals should be prevented in the practical examination of writs against criminals for such confinement on one hand and the current abuse of confinement has to be prevented at the same time on the other hand. Meanwhile, schemes might be sought for to carry out internal examinations regularly, as well as to consider the situations of victims in the stages of investigation, along with supplementing the problems of investigation at any open places including the introduction of institutions such as rejection and avoidance against detectives. Any second victimization shall be prevented for victims such as preparations of exclusive courts even in the stages of prosecution.
New schemes also has to be deliberated for the purpose of further preventing crimes with sexual violations along with the arrangements of existing laws and institutions. First, such schemes might include the plans to introduce the mandatory institution as procedures to certify the installation of basic anti-criminal facilities at the stage of construction completion. Second, the introduction of three-strike-out system might be considered. It is, of course, clear that the sufficient treatment and education has to be preceded before any execution of the three-strike-out system is carried out. However, the three-strike-out system has to be considered in a way of different approach if such crimes were repeatedly done despite such sufficient education and treatment, and it is thought to have a flexible system for such three-strike-out in consideration of our realities.
Thirdly, the establishment of gene information bank might be considered. It is predicted that there might be considerable effects because no occurrence of repeated crimes might be taken place easily for the prerequisite of easy arrest in case of repeated crimes with sexual violations once any crime with sexual violation has been committed. However, it seems that schemes have to be preceded to remove any room to have any infringe in the human rights, maintain the legality in the procedure, draw up any social consensus, and to dissolve any concert of information leakage, as there is room to have any breach in the private life of individual and the right of freedom guaranteed by the Constitution.