The Korea Herald

지나쌤

Penalty for rapes against minors to be strengthened

By Korea Herald

Published : Sept. 10, 2012 - 20:50

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The government will revise the law to increase the penalty for sex offenses against minors, the women’s and family affairs ministry said Monday after a number of brutal sex crimes against youths has sparked public uproar in recent months.

The maximum penalty for rape of a minor will rise from the current five years in jail to 10 years or life imprisonment, the Ministry of Gender Equality and Family said.

The revision will also no longer allow the influence of alcohol to be treated as a mitigating circumstance for those who commit sex crimes, the ministry said.

The planned legislation is part of a set of measures announced by the ministry to eradicate sex crimes against minors and women.

Public outrage has mounted over a recent string of violent sex offenses and random killings. In the latest and most shocking case, a 7-year-old girl was kidnapped while sleeping at her home in Naju, a southern provincial city, and brutally raped late last month. The case prompted President Lee Myung-bak to issue a public apology for his government’s failure to stop such crimes.

Under the revision, those convicted of molesting children under the age of 19 but not of rape will face up to 5 years in prison or a fine of 30 million to 50 million won ($26,550-44,250), according to the ministry.

The government also said it will remove a provision in the current law stipulating that those who sexually abuse minors cannot be punished if the victims do not want that.

The authority will also push to have those who possess child pornography face up to 10 years in jail or 20 million won in fines, the ministry said. The maximum penalty for such offenders is currently a fine of 20 million won.

Meanwhile, the Justice Ministry said it is considering revising the law to punish sex offenders without a complaint from their victims in response to growing calls to eliminate loopholes in the current law.

Under the current law, those suspected of committing sex-related crimes are indictable only if a formal complaint is made by the victim, stoking concerns that sex offenders sometimes bend the rules and go free.

“The Justice Ministry is mulling over removing a provision in the current law stipulating that those suspected of sexual offenses are prosecuted only when victims file complaints,” an official said.

According to a government report, less than 10 percent of sex crimes are reported to the police, with most victims deciding against making a complaint because they are afraid of having to confront their assailants and concerned at having to testify about their experiences in court.

Public calls have grown that the provision should be abolished to require the prosecution and police take legal actions against attackers in all reported sex crimes regardless of whether the victims press charges.

The ministry recently requested an outside counsel review the effects of abolishing the provision, and is in discussions with the prosecution and other legal industry professionals, the official said, adding it also plans to hold a public hearing.

The government last year revised the provision in which those suspected of sexually abusing the disabled and minors can be indicted even without a complaint from the victim. (Yonhap News)