Victims of Sexual Crimes Given Choice of Testimony Methods Including Video Relay

Ministry of Justice Recommends Improvement of Sexual Crime Victim Protection System During Trial Procedures

[Asia Economy Reporter Kim Hyung-min] Victims of sexual crimes can choose to testify via video transmission without appearing in court.

The Ministry of Justice's Digital Sexual Crime Expert Committee (Chairperson Byun Young-joo) announced on the 2nd a recommendation to improve the "Protection System for Sexual Crime Victims in Trial Procedures" to prevent secondary victimization of sexual crime victims.

The recommendation provides that during investigation, prosecution, and witness attendance procedures, sexual crime victims should be given information about various testimony methods such as questioning through video and other transmission devices, and be guaranteed the opportunity to choose. When questioning sexual crime victims as witnesses, the presiding judge should exercise control over the trial to prevent inappropriate questioning related to the victim's private information such as sexual history or reputation unrelated to the case, and a provision should be newly established in the Criminal Procedure Act to limit the evidentiary value of questions violating this. During the evidence investigation of photos or videos capturing the victim's body, it must be conducted confidentially. It also recommends establishing a special provision in the Sexual Violence Punishment Act so that the footage is played back through individual video and audio devices rather than the current large screen projection method. The leakage or disclosure of the victim's private information obtained during the trial is prohibited, and secondary victimization by the defendant can be subject to aggravated punishment.

The expert committee expressed hope that "this recommendation will serve as an opportunity to protect sexual crime victims from secondary victimization during future trial processes and to further strengthen the victims' rights in criminal procedures." The Ministry of Justice stated, "In the current trial environment where the principle of public trial is strengthened, we will make every effort to improve legislation so that the special characteristics of sexual crime victims and digital sexual crimes are sufficiently considered and victim protection measures can function properly."

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