Unconditional punishment for false rape of minors, caution against crimes committed by teenagers

As violent crimes targeting vulnerable children and adolescents and runaway teenagers continue to occur, it is emerging as a social problem.


Experts also point out that the problems of sexual exploitation of runaway youths who have nowhere to go, juvenile offenders, and criminal juveniles are also serious. There are increasing cases of teenagers exposed to crime-ridden areas boldly committing heinous crimes and abusing their status as minors.

Among criminal crimes, sexual exploitation of minors and sexual crimes are serious. Examples include cases where a teenager was arrested for lighting a colleague with a cigarette and filming illegally, or was arrested for sexually harassing or sexually assaulting a school classmate.

Even if it is a juvenile protection case due to the age of the offender, if the case is serious, there are cases where the offender is not only arrested but also punished under the criminal law rather than the family court. According to the current law, if you are under the age of 14 to 19, you are criminally responsible and can be subject to criminal proceedings and punishment depending on the seriousness of the crime.

Even if it is a first offense, it can lead to imprisonment, so juvenile crime should not be taken lightly and should be dealt with proactively. Caution must also be taken in cases where adults over the age of 19 request sexual exploitation or prostitution from minors. If you engage in sexual intercourse under the pretext of protection, you may be punished as false rape of a minor.

According to the Criminal Code, if an adult has consensual sexual intercourse with a minor under the age of 16, he or she is subject to punishment equivalent to rape. Unlike general rape, rape of a minor is a crime regardless of assault, threats, or consent of the victim. Same as rape, you can be sentenced to 3 years or more in prison. If it is found to be rape rather than constructive rape, the sentence may be more severe.

According to the current Supreme Court's 2021 Sentencing Guidelines, the sentence for constructive rape against a person under the age of 13 is more than 8 years. If there was sexual intercourse, the sentence applied may vary depending on the circumstances of the crime and the age of the victim, but in most cases, a prison sentence and security measures for sex offenders are imposed, so action is needed.

Our laws do not broadly recognize the sexual freedom of minors. The Sexual Protection Act on Children and Adolescents applies to rape that involves sexual exploitation of young people who need to be socially protected, or that involves assault or intimidation, and is subject to more severe punishment than general criminal crimes, such as imprisonment for life or more than 5 years.

If there are unfair aspects of the facts, you may need legal assistance from a criminal lawyer regarding the relevant case rather than making a statement that it was agreed upon. (Attorney Chan-Woo Jeong, Daeryun Law Firm)

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