The Act On The Punishment Of Sexual Crimes enters its tenth year of existence. It was put in practice on April 1, 1994, following its enactment on Jan. 5 of that year. Under this law, victims could file suit against immediate relatives (linear ascendants) and request the investigation of a sexual assault on terms of anonymity. The government or local communities are permitted, under this act, to set up protection institutions for the victims. The law was set up to ?ontribute to the extension of the human rights of citizens, as stated upfront in Article 1.
During the course of eight revisions the act has expanded its realm of regulation to online networks and electronic devices, and has also given much of its authority on supervision, counseling, and protection facilities over to the Ministry of Gender Equality after its establishment in 2001. Thus, the provisions are viewed to have had to some extent adapted themselves to the change in means, and have become more specialized and focused under the direction of the ministry.
However, efforts continue to appeal for further amendment of the present Act On The Punishment Of Sexual Crimes, last revised in December 2003. Lawyers For A Democratic Society submitted an appeal to President Roh Moo-hyun? office on the matter of the abolition of the provision of crime defined solely under personal accusations, recognition of marital rape, and the obligatory requirement for the presence of a trusted companion in times of interrogation of the victim. Furthermore, Articles 23 and 25 enounce that ?tate or local government ?ay set up and operate a sexual assault counseling center and ?rotective facilities. This is still a voluntary law, thus seen as an irresponsible stance taken by the government that needs to be binding to increase in effectiveness.
neyessioui@ewha.ac.kr
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