성폭력범죄의 피해자보호에 관한 연구

Abstract

ABSTRACT

A study on the protection for victims of sexual violence

Heo Joung-Sun Advisor : Prof. Ryu Jeon-Cheo Ph.D Department of Law, Graduate School of Chosun University

It is true that sexual assault victim is excluded to the legal procedure because they are not the parties in a lawsuit. Due to the male-dominated sexual culture and values, our society has not attention so far to those double suffering that the victims of sex crime face to. The purpose of this study is to examine how the victims from sex crimes face with the view of victims and to find the measures for prevention and solution. This study interviews the victim of sexual violence closely and investigates the textbook. And then this study consider a sexual violence in victims perspective and analyzes the problems related with victims. This study applies the statistical data of sexual violence counseling in women's organizations and Gwangju, 2006 and consults the three activities' interview in sexual violence consultation center. After that this paper suggests the rule for protecting victims in both substantive law and criminal procedure,

The substantive law for protecting is following that, First, I suggest the non-agreement-adultery to close the gap between limited sense of the term and non-agreement sexual behavior. The victims of sexual violence impose a relievable burden on the agreement and resistance of victims. Second, it is need to change the rule of the male-dominated sexual culture and values. Also, it is proper to acknowledge the dichotomy view of rape and the diversity of sexual violence, and confirm perform object to the human, Third, it is right to convert from punishment intervention of judicature to the protection of human right. Fourth, it is necessary that the judicial administration intervene to the parental rights of harmer in the kinship sexual violence and punish to family's connivance.

The criminal procedure for protecting is following that, First, it is need to prevent the leak of personal information of victims. Under the present law, the law have to revise the confidential duty from the servant in charge to the victims and require the penalty rule. Second, it is required to limit the examination of behavior, character, and sexual behavior out of substantial category. It could be sit with the confidence person and relive the fear and sense of alienation, also it is necessary the immigrant woman to sit with reliable person in the rape and assault case. Third, the victim could be protected to support proper legal advice, and the attorney; also victims are able to inspect and copy the trial document. Fourth, it is need to the abolition of an offense subject to complaint in sexual violence. The conversion of recognition is necessary to improve the male-dominated culture and to appreciate the flagrant offense character of sexual violence. Fifth, I suggest the appendant arraign rule to offer the opportunity of active participation in the exclusive prosecution structure of jurisdiction. It is necessary to authorize the application of evasion right, inquiry right, exception right, application of evidence right, statement right, and the exclusive right of appeal. Sixth, it is required to make comfortable surrounding for the children and disabled, and it is necessary to post the female police officer in the process of investigation. Finally, it is desirable that the statute of limitations is suspended to the victim's authority time, 25 years old in the victim's standpoint; long term injury and scientific investigation. It is urgent the systemic supports to protect the victims of sexual violence. The sense of virtue and purity ideology, however, is the most important thing in the criminal code. It makes to be difficult to change the sexual violence into the personal rights. The sexual violence is not the rigorous private sexual relationship. It is necessary to approach both the violation of sexual self-determination right and the question of human rights. Our society is responsible for suffering victims in the substantial law and the criminal procedure. That is because, they are our family, friends, and neighbor.