Constitutional Court Rules 'Sexual Violence Punishment Act' for Public Place Molestation Constitutional

[Asia Economy Reporter Kim Daehyun] The Constitutional Court has ruled that the legal provision punishing individuals who commit molestation in crowded public places does not violate the Constitution.

On the 1st, the Constitutional Court announced a unanimous decision by all justices declaring Article 11 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Sexual Violence Punishment Act) constitutional, stating that it does not violate principles of clarity and prohibition of excessive punishment.

Article 11 of the Sexual Violence Punishment Act stipulates that "Anyone who molests a person on public transportation, at performance or assembly venues, or other crowded public places shall be punished by imprisonment for up to three years or a fine of up to 30 million won."

Mr. A was prosecuted in 2017 for touching the thigh of a victim sitting next to him on a subway seat, and was sentenced in the first and second trials to a fine of 1.5 million won and 40 hours of participation in a sexual violence treatment program.

After his appeal was dismissed, he filed a constitutional complaint arguing that the provision violates the principle of legality and clarity and the principle of prohibition of excessive punishment. He claimed that "molestation" is an abstract concept, yet the law does not include additional elements regarding the perpetrator’s intent and means or the victim’s condition, making its meaning unclear, and that there is a concern that incidental physical contact could lead to criminal punishment.

In response, the Constitutional Court stated, "A person with sound common sense and ordinary legal sensibility can reasonably understand what acts constitute molestation under the provision, so it does not violate the principle of clarity under the principle of legality."

It further explained, "The establishment of the crime of molestation in crowded public places requires intent to molest. Additionally, factors such as the victim’s gender and age, the relationship with the perpetrator, the circumstances of the incident, the objective situation around it, and the sexual moral standards of the time are comprehensively considered in determining the crime. Since incidental physical contact without intent to molest is not punishable under this provision, it does not violate the principle of prohibition of excessive punishment."

This content was produced with the assistance of AI translation services.