Up to 15 Years Imprisonment Possible for 'Kinship and Residential Intrusion Rape'

‘Forced Intrusion and Indecent Assault’ Prison Sentence... Up to 15 Years Imprisonment for Special Rape
Legal Term Changed from 'Sexual Shame' to 'Sexual Discomfort' Based on Jeongjo Context

[Asia Economy Reporter Heo Kyung-jun] Defendants convicted of rape within family relationships, rape involving unlawful entry into a residence, or special rape involving weapons or two or more perpetrators can now be sentenced to a maximum of 15 years in prison.

The Sentencing Commission (Chair Kim Young-ran) announced on the 5th that at its 117th meeting, it reviewed and approved revised sentencing guidelines for sexual crimes reflecting these changes.

The recommended sentencing range for rape within family relationships, rape accompanied by unlawful entry, and special rape was previously 6 to 9 years in prison when aggravating factors were present, but under the revised guidelines, it has increased to 7 to 10 years. When mitigating factors are present, the recommended sentence has also increased by six months from the previous 3 years to 5 years and 6 months, now ranging from 3 years and 6 months to 6 years. Ultimately, in cases where the number of special aggravating factors exceeds special mitigating factors by two or more, indicating particularly severe offenses, sentences of up to 15 years in prison can be imposed.

The Sentencing Commission also stipulated that in cases of forcible molestation accompanied by unlawful entry, if there are no mitigating factors for the defendant, a prison sentence without probation should be imposed in principle.

However, for juvenile rape cases with aggravating factors, the sentencing range remains unchanged from the previous 6 to 9 years, while in cases with mitigating factors, the range has been lowered from 3 years to 5 years and 6 months to 2 years and 6 months to 5 years.

Additionally, the term used by courts for sexual violence victims, previously "sexual shame," will be changed to "sexual discomfort." The Sentencing Commission explained, "The term 'sexual shame' is based on outdated notions of chastity and may wrongly imply that sexual crime victims should feel ashamed or embarrassed, which is inappropriate."

The scope of "vulnerable victims" has also been expanded to include victims in hierarchical organizations such as military and sports groups, where the emphasis on hierarchy and relationships of command, guidance, supervision, and evaluation make it difficult to resist sexual crimes committed by superiors.

While the defendant’s advanced age was previously recognized as a general mitigating factor favorably considered for probation, this has been removed in the revised guidelines. This is due to the unclear definition of "advanced age" and the lack of clear correlation between the risk of recidivism and the defendant’s age.

The Sentencing Commission decided that the revised sentencing guidelines for sexual crimes will apply to cases prosecuted from October 1 of this year onward.