Sexual Assault
Overview
Sexual assault refers to forcing sexual acts without the other party’s valid consent or infringing on sexual self-determination. In the Korean legal system, offenses under the Criminal Act such as rape, forcible indecent assault, and quasi-rape, together with the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes (hereinafter the Sexual Violence Punishment Act) and the Act on the Prevention of Sexual Violence and Protection, etc. of Victims Thereof, are applied. Sexual assault is a serious crime that violates an individual’s body and dignity, and a social issue that must be discussed together with victims’ recovery and prevention of secondary harm.
Key Details
Legal Definition and Elements
Article 297 of the Criminal Act (rape) punishes a person who rapes another by assault or intimidation with imprisonment for at least three years. Through the 2020 amendment, the object previously limited to “women” was expanded to “persons,” including male victims and same-sex cases within the scope of rape. Article 298 (forcible indecent assault) imposes imprisonment for up to 10 years or a fine of up to 15 million won, and Article 299 regulates quasi-rape and quasi-forcible indecent assault by taking advantage of a person’s state of unconsciousness or inability to resist. Article 301 imposes aggravated punishment where rape, etc. causes injury; Article 301-2 where it causes death or homicide; and Article 305 separately regulates sexual intercourse and indecent assault against minors under 13.
The Sexual Violence Punishment Act covers broader categories. These include special rape (using a dangerous object such as a weapon or committed jointly by two or more persons), rape in a family relationship, quasi-rape of persons with disabilities, obscene acts using communication media, filming with cameras, etc., and intrusion into multi-use facilities for sexual purposes. In particular, the provision on “sexual intercourse and indecent assault by force of authority” (Article 10) punishes sexual exploitation using authority relationships or hierarchical positions, and debate over its abolition and replacement legislation continues.
Consent and Sexual Self-Determination
At the center of recent legal and policy discussions is the concept of “consent.” The mere absence of physical resistance does not presume consent, and awareness is spreading that consent must be free, voluntary, and revocable. Accordingly, legislative discussions continue in the National Assembly and academia on whether to convert the current rape offense structure, which requires assault or intimidation as an element, into a “non-consensual sexual intercourse offense.” In addition, the effects of alcohol intoxication, power relationships, and age differences on the validity of consent are major issues.
Victim Protection and Support System
Victims can receive support through a 112 report, sexual violence counseling centers, the Women’s Emergency Hotline 1366, or Sunflower Centers (integrated support centers for victims of sexual violence, domestic violence, and prostitution). Sunflower Centers provide one-stop medical, investigative, counseling, and legal linkages and support emergency contraception, sexually transmitted disease testing, and evidence collection. During investigation and trial, measures such as the presence of a trusted person, video-recorded statements, statement assistants, state-appointed attorneys for victims, and personal protection measures are used. Under the Sexual Violence Prevention Act, victims are provided with counseling, medical expenses, legal aid, and housing support; in workplace cases, separate protective provisions such as recognition of public holidays under the Labor Standards Act may apply.
Reporting and Procedures
After an incident, prompt reporting and evidence preservation are important. It is recommended not to wash, to preserve clothing worn at the time of the assault, to secure contact information for witnesses, and to save relevant messages and call records. In the initial investigation, police take the victim’s statement and secure objective evidence such as CCTV, communications records, and medical records. After referral to the prosecution, consistency of the victim’s statements and circumstantial evidence become key issues in maintaining the indictment, and regardless of any settlement, investigations often proceed irrespective of the victim’s intent to punish unless the offense is one not prosecutable against the victim’s expressed will.
Prevention and Education
Prevention education includes the concept of consent, respect for boundaries, responsibility in drinking situations, dating violence prevention, and awareness of digital sexual crimes. Sexual harassment and sexual violence prevention education is mandatory in schools and workplaces, and public institutions and companies must establish grievance procedures and guidelines for preventing secondary harm. Organizational response principles such as protecting reporters, maintaining confidentiality, and prohibiting rumor spreading are also important.
Recent Trends
The biggest change in 2024–2025 is the expansion of digital sexual crimes. As many cases of producing and distributing false videos using deepfake technology have been uncovered, the Sexual Violence Punishment Act was amended to punish even the possession and viewing of false videos, and after group sexual exploitation cases via platforms such as Telegram, platform responsibility and deletion support systems were also strengthened. The Digital Sexual Crime Victim Support Center is responsible for deleting illegal recordings and providing psychological support.
In addition, with the amendment of the Stalking Punishment Act, the provision on offenses not punishable against the victim’s expressed will was abolished and protective measures such as restraining orders and electronic device attachment were expanded, and responses to cases where sexual violence accompanies domestic violence or dating violence were strengthened. The introduction of a non-consensual intercourse offense, reform of the offense of sexual intercourse by force of authority, and adjustment of the starting point for the statute of limitations remain pending in the National Assembly and as issues of social debate. Calls to improve investigation and trial practices based on victim-centered investigation principles and to prevent secondary harm continue to be raised.
Related Topics
- [[성폭력처벌법]]
- [[성적 자기결정권]]
- [[디지털 성범죄]]
- [[비동의간음죄]]
- [[스토킹]]
- [[가정폭력]]
- [[해바라기센터]]
- [[아동·청소년성보호법]]
- [[딥페이크]]