[Exclusive] Even for Youth Prostitution and Mediation... Suspended Sentences Were the Most Common

Suspended Sentence Even When Exploiting Youth Poverty
Actual Imprisonment Only for Crimes Like Illegal Filming and Rape
Sex Trade Between Adults and Youth Sometimes Considered Consent

An adult perpetrator, Mr. A, met a female adolescent through an internet random chat. The adolescent told Mr. A that she was 17 years old. Nevertheless, from July 2021, Mr. A had sexual intercourse with her six times and paid money. He purchased the adolescent's sex. During this process, even though the victim screamed in pain, Mr. A continued similar sexual acts while verbally abusing her. Despite this, the court's verdict was a suspended sentence. It was considered that some meetings were initiated by the adolescent victim actively contacting him. The fact that he apologized to the victim and settled for 12 million won was also taken into account. Furthermore, the court decided not to disclose Mr. A’s identity, who purchased the adolescent’s sex six times, judging that there was no risk of reoffending.

It has been revealed that most offenders who purchase or mediate adolescent sex avoid actual imprisonment. Moreover, even when buying and selling adolescent sex threatens the safety of nearby adolescents, identity disclosure is rarely carried out. There are calls for stronger sentencing by the judiciary and measures to protect adolescents from the investigation stage by the police and prosecution.

On the 27th, Asia Economy conducted a full survey of 69 court rulings last year on charges under the Act on the Protection of Children and Juveniles Against Sexual Abuse (Child and Youth Sexual Protection Act), including sex purchase, mediation business, coercion, and statutory rape of minors. Suspended sentences were the most common with 43 cases. There was also one fine. Although there were cases where actual imprisonment was imposed, such as a 13-year prison sentence, this was only applied when the case involved a 'comprehensive set of crimes' including sex purchase or mediation under the Act, illegal filming, and rape. The sentencing range for sex purchase under the Act is 1 to 15 years, but it is practically ineffective.

Even though the adolescent victim’s impoverished situation was exploited, the verdict was still a suspended sentence. In June 2021, perpetrator Mr. B met a 15-year-old runaway female adolescent, paid money, and purchased sex. Furthermore, liking the victim, he paid a conditional meeting organization to purchase her and had multiple sexual encounters while providing economic benefits such as lodging. Nevertheless, the court sentenced him to 3 years imprisonment with 4 years probation. The reason was that the defendant admitted the crime, showed remorse, and there was no evidence of assault or threats against the victim.

Even when adolescents were pushed into prostitution scenes, the sentence was only a suspended sentence. Perpetrator Mr. C mediated prostitution for four female adolescents aged 13 to 14 through a random chat application in Daegu and other areas from October to December 2020. They engaged in prostitution 15 times. Mr. C gathered them via social networking service (SNS) Facebook and took them around, violating the Act on the Protection and Support of Missing Children by not reporting to the police chief. The result was 2 years imprisonment with 3 years probation. The reason was that he showed remorse and the victims requested leniency.

Only 4 Cases of Identity Disclosure Despite Purchasing Adolescent Sex... Court Says "Recurrence Prevention Possible with Treatment Lectures"

There was no identity disclosure for most offenders. Out of 69 cases, only 4 involved identity disclosure. Even these were cases where additional crimes such as illegal filming and distribution of sexual exploitation materials were committed, not just sex purchase of children. Only one case involved identity disclosure solely for child and adolescent sex purchase charges. The main reason courts do not disclose identities is that "there is no prior record of the same kind, and recurrence prevention is possible through employment restriction orders and attendance at sexual violence and sex mediation treatment lectures."

The courts are aware that sex purchase or mediation targeting children and adolescents has irreversible harmful effects on them. All courts explained in their rulings that "children at a young age are physically immature and lack established awareness and values about sex, requiring social protection." The Act also stipulates that those who buy and sell the sex of children and adolescents must be punished to help them grow into healthy members of society.

However, courts have imposed light sentences on those who buy and sell the sex of children and adolescents for various reasons. They did not impose strong punishment because it was a first offense, there was a settlement, or the defendant had an established social status. Some even regarded the sex trade between adults and adolescents as somewhat consensual.

Experts point out that the judiciary must actively protect adolescents. Jojin Kyung, director of the Teenage Women’s Human Rights Center, said, "The police and prosecution conduct inadequate investigations, and the judiciary ends the process. The law continues to evolve to protect children and adolescents, but the judiciary handling these cases does not change."