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Status of Child Sexual Abuse Related Legislation and Challenges

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2015, 3(2), pp.143-169
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Choung Hye Uk 1

1위덕대학교

ABSTRACT

Civilized countries all over the world consider child sexual abuse as an “unacceptable crime against the humanity”. In this paper, a legislative system that is built to solve this problem was reviewed in following three ways: ① general prevention through threat of punishment; ② special prevention through corrective training; and ③ prevention of second conviction through restraining order. Three countries that were subjected to review in this paper are Korea, United States, and Japan. Threat of punishment that deters crimes from being committed is dependent on the severity of the punishment. Based on sentencing provisions, child sexual abusers in Korea are usually sentenced from 8 years to 12 years of imprisonment whereas in the U.S., it is from about 18 years to 24 years. That is to say, severity of punishment in Korea is less than half of that of the U. S. Clearly, enhancing the severity of punishment does not always lead to better effectiveness. However, there is still a need for increment. Meanwhile, it is hard to compareto Japan since they do not have a sentencing provision. In case of educational programs for crime offenders, Korean prisons run corrective programs for sexual offenders. However, the attendance is not compulsory and the participation is low. Also, atthe stage of release, whether the offender has been cured of sexual aggression is not checked and the educational programs linked to the probation offices are not implemented neither. On the other hand, in-prison corrective programs and post-release corrective programs are systemically well prepared in the U.S. and Japan and it will be beneficial to study their system. Korea’s electronic tagging system is utilized to prohibit certain offenders from going out during certain time period such as during night and approaching certain area and person. On the other hand, the U. S.’s electronic monitoring system not only prohibits offenders from going out during certain time period but also is used to limit various spatial traveling and the alcohol level is tested 24hours to prevent alcohol related crimes. Accordingly, Korea needs to apply its electronic monitoring system in wider and more various ways. Japan has not yet implemented the electronic tagging system. Disclosure of registered personal information system requires a sexual offender, when released from prison, to submit his/her information to the head of a police office who has jurisdiction over his/her place of domicile and register to the Ministry of Justice. This system has a negative effect of obstructing sexual offenders from re-socializing. However, from the point view of protection of potential child sexual abuse victim, I believe this negative effect is tolerable.

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