Are sex crimes against persons with disabilities subject to aggravated punishment?

For sex crimes against persons with disabilities, a somewhat more severe disposition is imposed than for sexual violence offenses against non-disabled adults.

Among the sentencing guidelines for sex crimes set by the Sentencing Commission, the special sentencing factors also include a victim vulnerable to the offense as an aggravating factor.

A person who commits the crime of rape against a person with a physical or mental disability is punished by imprisonment for life or imprisonment for at least seven years.

In addition, where the crime of a forcible indecent act is committed, the punishment is imprisonment for a definite term of at least three years or a fine of at least 30 million won and not exceeding 50 million won.

If the head or an employee of a facility whose purpose is the protection or education of persons with disabilities commits the above offenses against a person with a disability under their protection or supervision, aggravated punishment is imposed.

As such, sex crimes against persons with disabilities are socially very serious offenses, and the courts punish them severely.

Therefore, if you are implicated in such a charge, it is advisable to promptly request a consultation with a sex crimes attorney and respond by establishing a specific strategy to defend against punishment.