Debate heats up on introducing chemical castration for pedophiles
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2010-03-30 12:45
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The debate over how to respond to the sexual abuse of children recently caught fire following a brutal child rape case.
Among the overwhelming suggestions to prevent the continuance of such crimes, the most controversial issue is that of chemical castration for repeat sexual offenders against children.
The parliamentary legislation and judiciary committee on Nov. 19 held an open hearing on the introduction of chemical castration. The debate was focused on a bill proposed last year by Rep. Park Min-shik of the ruling Grand National Party and other lawmakers.
The bill mainly involves administering drugs to repeat sexual offenders or pedophiles aged 25 or older to weaken their sexual impulses for a certain period of time.
Those who agree on being injected on a regular basis are to be offered parole and other benefits, according to the bill.
"More than 40 percent of those convicted for sexual child abuse are prone to commit second offenses," said Park when proposing the bill. "Measures as strong-handed as chemical castration are needed to bring a change to the present situation."
The so-called Cho Doo-soon case, in which a 57-year-old man raped an 8-year-old girl and inflicted permanent injuries, has recently infuriated the public.
There was further outrage as Cho, a repeat offender in sex crimes, was placed under no physical or legal restrictions which could keep him from committing second offenses.
The Justice Ministry, the court and the legal circles came forward with new suggestions to raise the level of regulation on sexual offenders, especially those against children. However, the idea of chemical castration, which is an unprecedented one in the history of Korean legislation, is controversial.
Those who were more concerned about the loopholes in the present laws on sexual crimes advocated the new form of punishment.
"The electronic anklet which has been put to practice for over a year is not sufficient in preventing second offenses," said Kim Hee-gyun, professor of law in Sungshin Women`s University, in support of chemical castration bill.
Criminals have to be kept away from society for a much longer period or, at least, be medically treated before release so that they may refrain from criminal temptation, Kim said.
He, however, added that the system may only work properly under certain conditions.
"It is vital to categorize the sexual offenders as the chemical treatment may only take effect on specific kinds," he said.
The suggested injection would be most effective on those who admit their fault but still find it difficult to restrain themselves sexually, he explained.
Proper governmental surveillance and professional medical monitoring are also required, he added.
Others expressed concerns about the bill.
"The chemical castration, though exercised in several countries, is not yet a stable medical technology and thus needs to be more carefully studied before it is legislated," said Han Sang-hoon, professor of law in Yonsei Law School.
Even if the suggested substances turn out to be effective in lowering the biological sexual impulses, sexual offense felons may still be prone to other violent acts, he said.
"It would be insecure to promise parole to criminals whose violent tendencies may be expressed in many other ways," Han said.
Han also expressed doubt on whether the system is constitutional as many criminals would de facto feel forced to agree on the chemical treatment in order to gain parole.
Park, however, said that chemical castration is a necessary and adequate solution.
"This bill involves not only the criminal punishment on sexual offenders but also the active cure and prevention of such crimes," the lawmaker said. "It primarily involves offenses against children, which require prior attention, and then may extend its scope to sexual abuses in general."
(tellme@heraldm.com)
By Bae Hyun-jung
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