[Column] Punishment for sex crimes is on the rise, professional legal assistance is important

According to crime analysis statistics from the Prosecutor's Office, the incidence of sexual crimes has been steadily increasing over the past 10 years. Among all criminal crimes such as murder, robbery, assault, and theft, sexual violence crimes, including rape, were only 40.2% in 2010, but rose significantly to 58.1% in 2020.

In addition, according to the Korea Institute of Criminology and Legal Policy's quarterly crime trend report, among the 417,238 total crimes that occurred in the fourth quarter of last year, the number of sexual violence crimes was 10,797. This is a 35.1% increase compared to the same period last year (7,992 cases).

The cause of sexual crimes on the rise can be found in social changes regarding coming-of-age ceremonies. This is thanks to the fact that more crimes are being reported and dealt with that may have been buried in the past. Accordingly, punishment for sex crimes is becoming very strict.

Sexual crime refers to mental, verbal, and physical violence that violates an individual's sexual autonomy. It is an act of violence that forces the other person to perform a sexual act without their consent. This includes not only forced kissing, hugging, or sexual intercourse, but also obscene phone calls or overt obscene remarks.

There are various types. Rape, quasi-rape, forcible molestation, quasi-rape and quasi-forcible molestation, rape, etc.·It is divided into death, adultery with a minor, and aggravated rape. Rape is the act of raping a person through violence or intimidation and is punishable by imprisonment for a limited period of three years or more.

In the case of rape, it is punished by combining the genitals with the genitals, but pseudo-rape is an act of inserting the genitals inside the body other than the genitals, such as the mouth or anus, or inserting a body part or tool into the genitals or anus. This is punishable by imprisonment for more than two years.

Additionally, a forcible molestation is a person who commits molestation against another person through violence or threats, and is subject to imprisonment for up to 10 years or a fine of up to 15 million won. In addition to typical sexual violence crimes, crimes such as molestation in crowded places and filming using cameras are also constant problems.

Public transportation, performances·Any person who molests another person at a gathering place or other crowded public place shall be punished by imprisonment for not more than one year or by a fine not exceeding 3 million won. Any person who photographs another person's body against his/her will using a camera or other mechanical device with a similar function, or who distributes, sells, rents, provides, exhibits or screens the photographed material, shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won.

In particular, in the case of filming using a camera, etc., even if the filming did not go against the will of the subject at the time of filming, if the filming is distributed, sold, leased, provided, or publicly displayed or shown after the fact against the will of the subject, the person may be punished by imprisonment for up to 3 years or by a fine of up to 5 million won.

Punishment for sexual crimes like this can have different results depending on how you respond. In fact, in the case of sexual crimes, the victim's statement plays a significant role, so the specific circumstances of the case must be analyzed and diagnosed and the case must be responded to based on this. Therefore, it is important to respond to the case with the help of a criminal lawyer.

Written by: Attorney Shim Jae-guk of Daeryun Law Firm

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