Marriage, intoxication would no longer imply consent
A women’s organization has suggested rewriting a sex crime-related law in order to punish a broader number of those who "induce sexual acts without consent." In addition, the organization seeks to abolish a law that says sexual offenses are subject to prosecution only upon complaint by the victim, in a move to protect the rights of victims of sexual violence. The Solidarity for Women’s Human Rights, consisting of seven women’s organizations, such as the Korea Women’s Associations United (KWAU) and the Korea Women’s Hot Line (KWHL), unveiled the revision bill on February 8, aimed at reducing the psychological pain faced by victims of such acts. Under the revision, a wider range of situations in which sexual acts are initiated without consent from the other party will be punishable. In addition, the definition of violence and threats in association with sexual violence will be expanded, and sexual offenses will no longer require the victim’s complaint in order to be prosecuted. Marital rape will also be punished according to the revision. In addition, giving a false promise of intended marriage in order to initiate sexual relations will be abolished as a punishable crime.The revamped bill would consider illegal any simple threats or mild violence if it precedes an unconsented sexual act. Under the current law, only cases involving violence and threats to the level that victims are unable to fend off an attack are considered cases of rape or sexual assault. Those offenses currently prosecuted will in turn receive tougher punishment. The bill would render illegal situations where victims were not in a position to resist sexual advances, either physically, because they were ashamed to try to seek help, or because they were intoxicated. The proposed bill’s clarifying and expanding of situations in which sexual acts are "induced without consent" can be considered strengthened protection of victims, some experts say, but they are likely to raise controversy related to their effectiveness. In particular, in many instances it will be difficult to prove whether the sexual act in question had been consented to or not, and it is highly possible that the provisions will be misused, these experts said. The women’s rights group will supplement the bill after collecting public opinion, after which Rep. Lim Jong-in will propose the bill to the National Assembly. Please direct questions or comments to [englishhani@hani.co.kr]
