About 11% of All Intrafamilial Sexual Violence Cases
Victims Often Exposed to Sexual Violence Since Childhood
Many Unable to Report Due to Statute of Limitations
"Abolish Statute of Limitations for Intrafamilial Sexual Violence," 청원 to Blue House
Experts Call for Harsher Punishments
A woman in her 20s who was sexually assaulted by her biological father for over 10 years tragically took her own life, causing widespread sorrow.
[Asia Economy Reporter Lim Juhyung] Public outrage is growing after a woman in her 20s, who was sexually assaulted by her biological father for over a decade, took her own life following a police report. It has been confirmed that the victim expressed emotional distress on social networking services (SNS) prior to reporting, adding to the tragedy.
Cases of 'heartless' fathers sexually assaulting their children continue unabated. Particularly, most victims are exposed to sexual assault during their minority and are economically and socially dependent on the perpetrators, making it difficult to report before the statute of limitations expires. Experts point out that this is a serious issue. They advise that stronger law enforcement is necessary to protect victims exposed to such crimes.
◆'Feeling like I've lost everything' The sorrow of victims of intrafamilial sexual assault
Victim A, who was sexually assaulted by her father in his 50s, was found dead on the 8th of last month at a temporary shelter arranged by the police.
A reported the sexual assault by her biological father to the police in the early hours of the 5th of the same month. It was revealed that A had been continuously sexually assaulted and molested by her biological father, B, since early elementary school. B was A’s only family member, and she had not reported the abuse to investigative authorities until persuaded by her boyfriend, who learned of the abuse.
In 2019, A posted on her SNS account expressing psychological distress, writing, "I couldn’t say anything because I didn’t want my dad to feel guilty," and "My one and only dad, but thinking he wasn’t really my dad makes me feel like I’ve lost everything." Since B was her only family, the psychological shock and guilt seemed to be even greater.
Following A’s sudden death, investigators faced difficulties proving B’s criminal charges but secured numerous direct and indirect pieces of evidence through persistent supplementary investigations, leading to B’s arrest and prosecution. However, B reportedly denied the charges during the prosecution’s investigation. B’s trial is scheduled to be held at the Seoul Eastern District Court in May.
◆About 11% of all sexual assaults... Few victims come to light
Intrafamilial sexual assault continues to occur. According to Ministry of Justice data, from 2016 to 2018, there were a total of 1,613 cases of sexual violence committed by family members, accounting for 10.9% of all sexual violence crimes.
The number of people investigated by prosecutors for intrafamilial sexual assault has consistently exceeded 500 annually over the past five years: 520 in 2015, 500 in 2016, 535 in 2017, 578 in 2018, and 525 in 2019.
The problem lies in the nature of sexual crimes occurring within the social shelter of 'family,' making concealment of intrafamilial sexual assault easier. In cases where victims have been continuously sexually abused since childhood, they may not even recognize that they have been sexually assaulted. This is why it is pointed out that there may be many more intrafamilial sexual assault crimes that remain undisclosed.
Another issue is that under the current Sexual Violence Punishment Act, the statute of limitations for intrafamilial sexual assault is limited to a maximum of 10 years. Most minor victims are economically and socially dependent on the perpetrator, and it takes at least 10 to 15 years for victims to become fully independent from the perpetrator.
As a result, even if victims who have become independent later wish to report intrafamilial sexual assault, many give up due to the expiration of the statute of limitations. According to an analysis by the Korea Sexual Violence Counseling Center of 87 intrafamilial sexual assault counseling cases in 2019, more than half (55.2%) of the cases took over 10 years from the time of victimization to counseling.
◆Expert: "High persistence and severity of intrafamilial sexual crimes... Stronger law enforcement needed"
Citizens are raising their voices demanding the abolition of the statute of limitations specifically for intrafamilial sexual crimes.
B, a worker in their 20s, said, "Parents who should protect their children but sexually assault them, causing lifelong pain, is literally an act that betrays familial and human ethics. It makes no sense to have a statute of limitations for such serious crimes. Thorough investigations should be conducted so that perpetrators can be punished at any time."
Another office worker, C (28), argued, "How can a father sexually assault his daughter? I believe abolishing the statute of limitations is right to prevent recurrence."
In 2019, a petition was submitted requesting the abolition of the statute of limitations for sexual violence crimes committed by relatives. / Photo by National Petition Board capture
Victims of intrafamilial sexual assault have also posted petitions directly requesting the abolition of the statute of limitations and punishment of perpetrators. In November 2019, a petition titled "Punish the sexual violence perpetrator named father" was posted on the Blue House National Petition site. The petitioner claimed that they were sexually assaulted by their biological father from age 12 to 19, fled to the United States, and upon returning after 17 years, sought police help but were told, "The statute of limitations has passed, so we cannot assist."
The petitioner appealed, "Please abolish the statute of limitations for intrafamilial sexual violence crimes," and "Please help those like me who suffered sexual violence in childhood and, after decades, can no longer endure and appeal to the law with the resolve to die." The petition received support from over 100,000 people.
Meanwhile, a bill to abolish the statute of limitations for intrafamilial sexual violence crimes, titled the 'Partial Amendment to the Special Act on the Punishment of Sexual Violence Crimes,' has been submitted to the National Assembly.
Yang Jeongsuk, an independent lawmaker who sponsored the bill, explained in January, "Victims of intrafamilial sexual violence live in prolonged pain and fear, and even if the perpetrator dies, the pain and memories do not disappear. The bill aims to exclude the statute of limitations when victims become adults or economically independent and want to report the perpetrator, thereby protecting victims' human rights."
Experts suggest the need to establish measures to protect victims of intrafamilial sexual assault from perpetrators.
Kim Jiyoung, a research fellow at the Korea Institute of Criminology and Justice, pointed out in the study 'The Reality of Minor Sexual Violence Crimes within Families and Victim-Centered Legal and Institutional Responses,' "Sexual violence within families involves relatively younger victims and has high persistence. The damage is more severe than sexual crimes occurring outside family relationships."
She added, "Therefore, stricter and consistent sentencing is necessary for punishing perpetrators. Also, various support facilities that can isolate and safely protect victims from perpetrators, proposals to restrict parental rights, or in severe cases, their revocation, require strong law enforcement."
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