Relative sexual assault requires courageous legal response to escape the tunnel of concealment

Recently, the court sentenced a man in his 70s to 25 years in prison who was accused of sexual assault by raping his daughter. He continued to commit crimes for 40 years, and shocked his daughter's granddaughter by committing sexual assault as well. The court expressed, “It is deplorable that something can happen in our society.” This is a symbolic example that shows the isolation of victims of relative sexual crimes.

Sexual crimes against relatives are usually not revealed and the reporting rate is low. Since most of the victims are minors, it is not easy to recognize and respond to the crime. This is because they are often economically and emotionally dependent on the perpetrator and are reluctant to raise issues. According to the Korea Sexual Violence Relief Center, 55% of victims took more than 10 years to receive counseling after the initial victimization. Serious crimes are being concealed for a long time within the framework of the family.

Punishment for sexual assault that occurred between relatives carries a heavy sentence under the Criminal Act. According to Article 5, Paragraph 1 of the Special Act on the Punishment of Sexual Violence Crimes, if a relative rapes another person through assault or intimidation, he or she shall be punished by imprisonment for a limited period of seven years or more.

Additionally, in the case of kinship under the Sexual Violence Punishment Act, it is interpreted much more broadly than under civil law. A representative example is that ‘relatives based on de facto relationship’ are not included in the Civil Code, but are included in the Sexual Violence Punishment Act. This can be easily understood by recalling the case where a stepfather in his 40s committed relative sexual assault on his teenage stepdaughter and was sentenced to 10 years in prison.

The statute of limitations for such sexual crimes against relatives has been gradually expanded. In 2010, when the Special Act on the Punishment of Sexual Violence Crimes was revised, a new regulation was established to ensure that the statute of limitations runs from the date the victim becomes an adult. This takes into account the unique fact that it takes time to report because most victims and perpetrators stay in the same place.

Additionally, in 2012, the statute of limitations for rape and forcible molestation of girls under 13 and disabled women was abolished. In July of last year, an amendment was proposed to expand this to those aged 13 to 19. This trend indicates that social awareness of the seriousness of crime and the need for victims to recover is growing further.

There are three main realistic response measures that victims of relative sexual assault can take. The first thing to do is to apply for a protection order so that you can be separated from the perpetrator. If the court implements temporary measures such as eviction and access ban, the perpetrator will not be able to access the victim's home or other residential area, and if this is violated, he or she may be imprisoned for up to one year or fined up to 10 million won.

The second option is to receive quick and anonymous legal and medical support through the Sunflower Center and the Women's Emergency Hotline 1366. It is effective in initial response because you can receive follow-up support during consultation, such as △connection with investigative agencies, △connection with medical institutions, and △psychological counseling.

As a third and final option, a separate civil lawsuit is possible. It is possible to claim compensation for mental damage separately from criminal proceedings. Since this procedure requires a systematic analysis of legal issues, it is advisable to receive legal assistance from a sex crimes lawyer.

Kim Myeong-cheol, a sex crimes lawyer at Daeryun Law Firm, advised, "Sexual assault by relatives leaves a psychological impact on the victims. Even if they take legal action, there are cases where they feel guilty in the name of family. However, the longer the silence lasts, the more the victim will remain in pain and the perpetrator is likely to avoid responsibility. Therefore, having the courage to speak out can be the most important first step."
 

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