Sex crimes

Sex crimes (성범죄/性犯罪) refer to forms of human sexual behavior that belong to crimes. Some sex crimes are crimes of violence that involve sex. Others are violations of social taboos, such as incest, sodomy, indecent exposure or exhibitionism. A sex offender who commits a sex crime or crimes are subject to criminal punishment or moral criticism.

Reflecting the changes of the sexual behavior and sex crimes in the current society, in November 2012, the following provisions of the Criminal Act were amended or repealed:
 * The object of sexual violence crimes shall be a natural person in place of a woman. Articles 242, 288 (2), 303 (1) and (2), 305, 339 and 340 (3).
 * Requirement of complaint with respect to some sexual offences e.g., kidnapping and enticement for the purpose of indecent act or sex, and rape, etc. shall be dropped. Articles 296 and 306 shall be repealed.
 * Like-Rape (유사강간죄/類似强姦罪) shall be punished by imprisonment for more than two years. Article 297-2.
 * Sexual intercourse under pretense of marriage shall be repealed. Article 304.

Key words
sexual crime, sexual offender, minor, juvenile, youth protection

Types of Sex Crimes
The Criminal Act (형법/刑法) provides for three types of sex crimes:

Type I

 * These are crimes concerning rape and infamous Conduct to protect sexual self-determinism.


 * Rape (Art. 297), Death or Injury Resulting from Rape (Art. 301), Murder after Rape, etc. or Rape, etc. Resulting in Death (Art. 301-2),
 * Indecent Act by Compulsion (Art. 298)
 * Quasi-Rape, Quasi-Indecent Conduct by Compulsion (Art. 299)
 * Sexual Intercourse with Minor, etc. (Art. 302), Sexual Intercourse or Indecent Act with Minor (Art. 305)
 * Sexual Intercourse by Abuse of Occupational Authority, etc. (Art. 303)
 * Specific Burglary and Rape (Art. 5 of the Act on the Punishement of Sexual Violence Crimes and Protection, etc. of Victims), Specific Rape (Art. 6 of the same Act)

Type II

 * These are crimes concerning sexual morals to protect sound sexual morals and customs.


 * Adultery (Art. 241)
 * Arranging for Prostition (Art. 242)
 * Obscenity (Arts. 243-244)
 * Public Indecency (Art. 245)

Type III

 * These are crimes provided for by Special Acts other than the Criminal Act.


 * Act on the Prevention of Sexual Assault and Protection, etc. of Victims Thereof (성폭력방지 및 피해자보호 등에 관한 법률)
 * Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes (성폭력범죄의 처벌 등에 관한 특례법)
 * Act on the Prevention of Sexual Traffic and Protection, etc. of Victims Thereof (성매매 방지 및 피해자보호에 관한 법률)
 * Act on the Protection of Children and Juveniles from Sexual Abuse (아동.청소년의 성보호에 관한 법률)
 * Minor Welfare Act (아동복지법)
 * Act Regulating Customs Business (풍속영업의 규제에 관한 법률)
 * Act for the Prevention of Prostitution (윤락행위방지법)
 * Minor Offences Act (경범죄처벌법)

Offence subject to Complaint
A certain sex crime shall be prosecuted only upon complaint (Art. 306 of the Criminal Act) because it could damage the privacy, honor and reputation of the victim. However, to combat sex crimes, on November 22, 2012, the National Assembly passed the amendment to the Criminal Act by deleting the provisions which require victim's complaint for public prosecution (Articles 296 and 306), as mentioned above. The newly amended Criminal Act comes into force on June 19, 2013. The said provisions were initially legislated for the protection of the privacy and reputation of the victim. But the victim allegedly became the target of the second crime of improper appeasement and intimidation staged by the culprit.

Sex Crimes against Minors
The tragic victimization of a 9-year-old girl by a sex offender in Tongyeong in July 2012 underscores the danger and risk to which underprivileged children are exposed. These children who need care from the community too often fall prey to social predators. With her father away at work and stepmother having fled, she had no adult to look after her.

A more organized and effective system to protect children from sex offenders is in great need. The community, society and schools should enhance the care and protection of children from poor and broken families. Even if we don’t go so far as prohibiting children from arriving at school unattended by an authorized adult, schools could pair older students to walk younger peers to and from school grounds.

Schools and community centers should work together to provide shelter and after-school programs so that small children are not left alone until adults return home. The entire society should be aware that any of our children can become targets of crime.

The government should alert the public as to the whereabouts of people released after serving time for sex crimes. Personal data on offenders of sex crimes against minors has been accessible since the law in 2000 and those who committed similar crimes against adult victims from 2011.

But authorities should consider sharing information on criminals who committed crimes against adults before 2011, since sex criminals can repeat their crimes against children. The Supreme Court also advises that information on those with sex crime records prior to the law should be accessible.

Disclosure of Personal Data of Sex Offenders against Minors
The Youth Protection Committee (청소년보호위원회 www.youth.go.kr) under the Prime Minister shall disclose, subject to consolidated examination, personal information of the sex criminals who committed prostitution, rape, forced indecent conduct, arranging for prostitution, etc. against minors with the punishment confirmed. It has been implemented since August 2001 under the Act on the Sex Protection of Youth.

At present, the Ministry of Gender Equality and Family in cooperation with the Ministry of Justice is operating the Sexual Offender Notification (성범죄자 알림e) Website under the renamed Act on the Protection of Children and Juveniles from Sexual Abuse (아동.청소년의 성보호에 관한 법률).

Pursuant to this Act whose provisions were amended in the late December 2011, the statute of limitations for cases of sexual assault against girls under the age of 13 was abolished starting from August 2, 2012. This Act also strengthens punishment against sex offenders, barring people convicted of sex offenses against minors from getting jobs in the medical sector or working as private tutors for 10 years after the punishment was served or suspended.

On January 3, 2013, the Seoul Southern District Court ordered a sex offender, charged with raping five minors, to be chemically castrated for the first time since the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes went into effect in July 2011. The 30-year-old culprit had to receive hormonal treatment that is intended to suppress his sexual impulses for the next three years. The court also sentenced him to: 15 years in prison; to wear an electronic tracking device on his ankle for 20 years; to post his personal profile with a picture of his face and name on the online sex offender registry for 10 years; and to complete 200 hours of psychotherapy sessions.

U.S. cases
More and more U.S. states have adopted the Megan's Law which provides two major information services to the public: sex offender registration and community notification. In addition, the "Two-Struck Out" penal provision shall confine any sexual offender agaist minors who has been sentenced guilty more than twice into prison for life once and for all.