[Big Data News Reporter Kyung-ho Park] Unlike general society, the military is a society with strict hierarchy and hierarchy, so laws such as the Military Criminal Act are set aside and first trials are conducted in military courts. The special nature of the military can sometimes be controversial as it violates individual rights.
Military sex crimes are organized around a closed and coercive hierarchical culture, and there is a high possibility of secondary victimization from superiors and other organizations when reporting damage. Therefore, there were many cases where victims of sexual crimes were covered up for fear of secondary victimization and additional damage.
In order to improve these limitations, the military is also revising related laws and treating sexual crimes between soldiers seriously under the Military Criminal Act. While the general criminal law imposes a fixed-term prison sentence of three years or more on those who rape, those who rape soldiers, etc. under the Military Criminal Act are subject to a fixed-term prison sentence of more than five years.
In this way, unlike civilian cases, military criminal cases of sexual crimes carry a higher level of statutory punishment, and the investigation and investigative process proceeds in a similar manner to general criminal cases. However, the intensity or direction of the investigation may also vary depending on various factors such as facts, rank, and whether it occurred within the military.
If you are involved in a military criminal case, depending on the results of the criminal action, it may lead to administrative action or civil litigation. In general, the perpetrator is often from the upper class and the victim is from the lower class, which clearly shows the characteristics of sexual crimes in the military where criminal damage is inflicted on subordinates using their status as superiors.
Unlike civilian sex crimes, when a soldier is referred to a military court and punished under military criminal law, he or she is subject to military disciplinary action in addition to imprisonment. There are a variety of dispositions ranging from military reprimands and pay cuts to rank demotion and suspension, and dismissal and dismissal that result in deprivation of military status.
Attorney Kim Geun-soo of Daeryun Law Firm advised, “If you are wrongfully accused of a military sex crime, it is important to secure early evidence and set the direction of your statement, so you should work with a professional lawyer to secure as much evidence as possible as early as possible and prepare how to make a statement about the case.”
View full article - If you have been wrongfully implicated in a military sexual crime, early response is important.
