[Legal S Story] “Lying about age and approaching”… If you are unfairly accused of molesting a minor

'Raising the age for feigned rape of minors' unanimously decided to be constitutional
The main issue is whether or not to recognize minors in advance.

On the 1st, the Constitutional Court ruled that the provision of the Criminal Act that punishes adultery with a minor between the ages of 13 and 16 by applying the crime of fictitious rape of a minor does not violate the Constitution.

In a constitutional appeal case (2022 Heonba 106, etc.) regarding Article 297, Article 297-2, and Article 298 of Article 305, Paragraph 2 of the Criminal Act, which stipulates punishment for adultery and molestation of minors, the judges unanimously decided that it was constitutional.

According to Article 305 (Adultery and Molestation of a Minor) Paragraph 2 of the Criminal Act, if an adult over the age of 19 commits adultery or molestation with a minor between the ages of 13 and 16, he or she shall be punished as rape, quasi-rape, or forcible molestation. It has nothing to do with whether the other party agrees or not.

Previously, this provision only applied when the victim was under 13 years of age. However, as digital sex crimes against teenagers became controversial following the so-called 'N Room and Doctor's Room Incident', the Criminal Act was revised in May 2000. Paragraph 2 was newly established and the age standard was raised to ‘under 16’. This decision is the first since the above provision was newly established.

The Constitutional Court ruled that the provision did not violate the principle of prohibition of excess because it was a legal measure to protect minors from inappropriate sexual stimulation or infringement.

The Constitutional Court stated the reason for the constitutionality, saying, "People between the ages of 13 and 16 cannot fully exercise their right to sexual self-determination, just like people under the age of 13. Even if a sexual act is performed with consent, it is based on an incomplete understanding of the meaning of the sexual act and cannot be evaluated as an exercise of the right to complete sexual self-determination."

The purpose is to provide broader protection to minors as digital sex crimes against minors who lack the right to sexual self-determination are becoming more sophisticated day by day.

The applicants for this constitutional complaint are defendants who were indicted under the application of an increased age standard. The claimants claimed that the provision violated the principle of prohibition of excess and violated the right to sexual self-determination and freedom of privacy.

In particular, it was said that this provision did not take into account the victim's age, physical or mental maturity, or the specific relationship between the perpetrator and the victim. Limiting the punishment to those over 19 years old also raised issues.

If you intentionally lied about your age to get the settlement money
 

Discussions about raising the age standard have been consistently raised, including the recommendation of the United Nations Committee on the Rights of the Child (UN CRC) to raise the age standard. The Constitutional Court's decision goes beyond discussion and prepares practical measures to address the increased exposure of young people to the risk of sexual crimes due to the activation of SNS, as in the 'N Room incident'.

Recently, courts have been imposing stronger punishments on sexual crimes against minors. Article 302 of the Criminal Act stipulates that a person who commits adultery or molestation against a minor or a mentally weak person through fraud or force shall be punished by imprisonment for up to 5 years.

If the rape is committed through assault or intimidation, the rape is punished according to 'Article 7, Paragraph 1 of the Special Act on the Punishment of Sexual Violence Crimes, etc.' and is punishable by life imprisonment or imprisonment for a fixed term of 10 years or more.

In some cases, if the victim intentionally lies about his or her age in order to obtain a settlement, or if the victim's age is difficult to identify and the act was committed under the assumption that the victim was an adult, charges may be unfairly applied.

During the trial, whether there was prior knowledge of the fact that the victim was under the age of 13 becomes an important issue. In this case, you must prove that you did not know the victim's age through objective evidence.

If you have been wrongly accused in this way, you should consult with a professional lawyer from the beginning of the case to come up with a plan to prove the circumstances at the time of meeting the victim. Legal assistance is needed to collect objective evidence and prevent intentionality from being recognized.

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