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A Critical Study on Personal Complaints of the Laws on Sex Crimes

  • DONG-A LAW REVIEW
  • 2012, (56), pp.227-256
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Jeon, Bo-Gyung 1

1건양대학교

Accredited

ABSTRACT

Crime Punishment rights are solely possessed by the nation. Therefore the nation not only has the rights to call for crime punishment but also has the rights and responsibility for criminal prosecution. The nation makes direct use of its criminal prosecution authority regardless of victim's intention. This is dubbed national prosecution principal. In the criminal law, an offense subject to complaint is adopted and thus exempted from the principle. The purpose of such complaint is to protect minor injuries and honors of victims. The complaint, which is mostly applied to sexual assault exists to protect the privacy and honors of victims. Even though most of the sexual assault are labeled for such complaints, for the past 30 years or so, sexual assault has exponentially grown rather than decreasing in our society. Such situation poses the question of is it the honors of criminals rather than the victims whose honors are being protected? Sexual assault constitute not minor but serious crimes, does not constitute minor violation of national interests and cannot be handled by individuals themselves. In the overseas, for serious crimes inclusive of sexual assault, such complaints have been abolished. Therefore, I believe that such complaints should be abolished for sexual assault which are serious crimes. The criminal law states that all sexual assault excluding injuries rapes leading to death and murders. Unlike the provisions of the criminal law, the law on children and adolescents does not the aforementioned cases are not subject to the complaints as is in the criminal law. Also, in the special law for sexual assault punishment, sexual assault are handled more severely and not subject to the complaints than in the criminal law. However, such is not subject to such complaints in the criminal law therefore creates additional penalty under the name of special law. Therefore rather than adding additional penalties with special laws as a form of a remedy, it would be more effective to revise the criminal law. The complaints which was initially intended to protect the honors of sexual assault victims, is creating more drawbacks. It is the stark reality that because of the existence of these complaints victims are the ones who are blackmailed to not press charges or forced to make settlements for little lump of money. Also, the complaints are paving the road for the criminals not to be punished for their actions and commit yet another crime boldly. Therefore, in the case of sexual assault, complaints must be punished. Protecting the sexual assault victims is something that must be handled by improving prosecution process and victim support system rather than by the complaints.

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