To Prevent Secondary Court Damage to Minor Sexual Violence Victims, Assemblyman Kim Hoe-jae Introduces Sexual Violence Punishment Act as Main Sponsor

Last December, Constitutional Court Ruled Special Video Testimony Provision for Minor Sexual Violence Victims Unconstitutional

Amendment Introduces Remote Examination via Relay Device for Minor Victims

[Yeosu=Asia Economy Honam Reporting Headquarters Reporter Choi Cheol-hoon] Kim Hoe-jae, a member of the Democratic Party of Korea (Yeosu City Eul, Jeonnam), on the 6th (Wednesday) took the lead in proposing a special law on the punishment of sexual violence crimes (hereinafter referred to as the Sexual Violence Punishment Act) to prevent secondary damage to minor victims of sexual violence occurring in court.

This is supplementary legislation in response to the Constitutional Court's ruling that the recorded statements of minor sexual violence victims cannot be used as evidence in court.

Since the Constitutional Court's ruling in December last year that Article 30, Paragraph 6 of the Sexual Violence Punishment Act is unconstitutional, due to legislative deficiencies, minor victims of sexual violence crimes are exposed to situations where they must repeatedly testify about their experiences directly in front of the judge, causing secondary damage.

Kim's "Partial Amendment to the Sexual Violence Punishment Act" introduces a non-face-to-face interrogation system for minor sexual violence victims and restricts interrogations that blame the victim, cause sexual shame to the victim, or involve repetitive or unnecessary questioning that may cause secondary damage.

In addition, it requires that the content of witness interrogations be submitted to the court in advance so that the court can preemptively restrict interrogations that may cause secondary damage.

Kim Hoe-jae said, "Sexual violence against minors is serious, and secondary damage frequently occurs during the trial process," adding, "Strengthened protective measures for minor victims must be promptly established."

Meanwhile, according to Kim, in the past five years, 6,277 minors aged 12 or younger have experienced sexual violence, of whom 5,707 were victims of rape or forced molestation, accounting for 91% of the total.

Yeosu=Asia Economy Honam Reporting Headquarters Reporter Choi Cheol-hoon hss79@asiae.co.kr