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Q
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I was forced into sexual intercourse by the boyfriend I am dating, but because we are in a romantic relationship, I am worried that, without evidence, no one will believe me based on my word alone. He forcibly touched my body even though I refused, so I intend to file a complaint for dating sexual violence; I would be grateful if you could tell me specifically what evidence I should prepare.
dating sexual violence
Answer
Published:
Author : ChanWoo JEONG
Dating sexual violence, going beyond a mere conflict between lovers, is a forcible sexual act against the victim's will, and it may constitute rape or a forcible indecent act under the Criminal Act.
This is because Article 297 of the Criminal Act provides that a person who rapes another through assault or intimidation is punished by imprisonment for a definite term of three years or more, while Article 298 provides that a person who commits an indecent act against another through assault or intimidation is punished by imprisonment for not more than 10 years or a fine not exceeding 15 million won, as these penalties are stipulated.
Therefore, even in a romantic relationship, if physical contact or sexual intercourse was carried out by force when the victim's refusal was clear, a serious offense may be established.
However, in order to prove such an offense, securing evidence is key.
In practice, the materials commonly used are as follows.
① Medical records immediately after the harm
: A medical certificate and test results issued by an obstetrics and gynecology department, an emergency room, or a medical institution dedicated to sexual violence
② KakaoTalk, text, and messenger records
: Content in which the perpetrator admits to the offense, or threatens, cajoles, or apologizes
③ CCTV, location records, and card payment details
: Materials that can support the time and place of the incident
In addition, immediately after the harm, preserving evidence and receiving legal support through specialized institutions such as a Sunflower Center or a counseling center helps in the investigation and trial process.
Therefore, a victim of dating sexual violence should comprehensively secure as much evidence as possible to support their statement.
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