Age of Consent for Statutory Rape in Korea is Under 16... How About Other Countries? [News SeolCham]

Protection Against Sexual Crimes for Minors: From What Age?
Germany and China Set at 14, Japan and the UK at 16
Texas, USA Has the "Romeo and Juliet Law" for Peer Relationships

Editor's Note'Seolcham' is a newly coined term meaning to refer to explanations for more detailed understanding. In [News Seolcham], we aim to pinpoint and explain in more detail the parts of the news that require fact-checking or further explanation.

Discussions about raising the age for the minor statutory rape offense are heating up. There is a general social perception that youths under 18 should be protected by society, leading to calls for adjusting the protected age range for the minor statutory rape offense from those aged 13 to under 16. Several countries, including the United States, Japan, and Germany, also set specific age criteria to protect children and adolescents from sexual crimes.

The minor statutory rape offense was established on the premise that minors cannot properly exercise sexual self-determination. It means that if an adult has sexual relations with a minor, it is considered rape and punishable regardless of consent. Because this law was created to protect children and adolescents, unlike general rape laws, the ages of the victim and the accused are specified. Article 305, Paragraph 2 of the Criminal Act states that a person aged 19 or older who commits intercourse or molestation against a person aged 13 or older but under 16 shall be punished.

In the past, only those under 13 were protected under the minor statutory rape offense. When the Criminal Act was enacted in 1953, the legal marriageable age for women was 13, and early marriage was socially acceptable. Also, when the Criminal Act was established, it largely inherited the Japanese criminal law system implemented during the Japanese colonial period, and since the Japanese statutory rape standard at that time was under 13, it appears this was adopted.

However, as times changed, the physical and emotional development levels of children and adolescents, as well as crime patterns, evolved, leading to criticism that the existing age criteria no longer fit the times. A more practical catalyst was the so-called 'Nth Room case,' which raised awareness about digital sex crimes. The brutal sexual exploitation of minors sparked national outrage, increasing calls to revise the law and expand the scope of punishment. Accordingly, the 2020 amendment to the Criminal Act changed the protected age range for the minor statutory rape offense to those aged 13 or older but under 16, for the first time in about 70 years.

Sexual crimes against those under 13 are considered rape regardless of the accused's age. For the minor statutory rape offense involving youths aged 13 or older but under 16, the accused must be an adult aged 19 or older, but for rape against those under 13, even if the accused is a youth, the rape law applies. However, offenders under 14 are considered juvenile offenders and may receive protective measures such as juvenile detention or probation instead of criminal punishment.

The severity of punishment also differs. According to Article 7 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, sexual intercourse with a child under 13 is regarded as general rape and can result in a maximum sentence of life imprisonment. Sexual crimes against youths aged 13 or older but under 16 fall under the minor statutory rape offense and carry a sentence of at least three years of imprisonment.

Statutes of limitations also differ for sexual crimes against children and adolescents. According to the Criminal Procedure Act, the statute of limitations begins from the end of the criminal act, but under the Act on the Protection of Children and Juveniles from Sexual Abuse, for sexual crimes against youths aged 13 to under 16, the statute of limitations starts from the day the victim reaches adulthood. Sexual crimes against children under 13 have no statute of limitations.

One common issue in rape cases involving children and adolescents is when the accused claims ignorance of the victim's age. Courts and investigative agencies consider the conversation between the accused and the victim at the time of the incident, the victim's appearance, and other circumstances comprehensively. Even if the accused did not know the exact age, if it could be reasonably inferred from the circumstances, a guilty verdict may be rendered.

Major foreign countries also set similar age criteria for the minor statutory rape offense to protect children and adolescents. Germany and China set the protected age at under 14, France at under 15, the United Kingdom at 16, and Japan raised it from under 13 to under 16 through a 2023 legal amendment.

In the United States, the age criteria vary by state from 16 to 18. Some states like California and Oregon set the age at under 18, New York and Florida at 17, and Michigan and Georgia at 16. Some states, such as Texas, have 'Romeo and Juliet Laws' that exceptionally allow consensual sexual relations between peers or reduce sentences.