Law Changes Aggravated Punishment Criteria for Sexual Crimes from 'Sexual Shame' to 'Discomfort'

[Asia Economy Reporter Kim Hyung-min] The court has decided to correct the standard for aggravated punishment in sexual crimes from the victim's 'sexual shame' to 'sexual discomfort.'

The Sentencing Commission announced on the 3rd that at the 116th meeting held on the 2nd, it finalized a revised proposal that expands the existing scope of sentencing guidelines for sexual crimes and systematizes the classification of types. The revised proposal will undergo public consultation and administrative notice before being finally approved at the next meeting.

In particular, the term 'sexual shame' used as a special aggravating factor in the sentencing guidelines for sexual crimes will be changed to 'sexual discomfort.' The Sentencing Commission explained, "The term 'sexual shame' is based on outdated notions of chastity and may give the wrong impression that victims of sexual crimes should feel ashamed and embarrassed, which is inappropriate."

Additionally, the revised proposal expands the scope to recognize victims who are in situations where it is difficult to resist sexual crimes by superiors due to hierarchical order emphasized in the military, sports organizations, and relationships involving command, guidance, supervision, and evaluation as 'vulnerable victims.' The factors previously recognized as special mitigating circumstances, such as 'sincere efforts for victim recovery' or 'substantial victim recovery (including deposits),' have been removed. Only 'non-prosecution request' remains as a special mitigating factor.

Previously, the defendant's old age was recognized as a general mitigating factor positively considered for probation, but the revised proposal deletes this. This is because the meaning of old age is unclear, and there is no clear correlation between the risk of recidivism and the defendant's old age.

The previously recommended sentencing ranges have also been partially adjusted. The upper limits of the adjusted sentencing guidelines have mostly become heavier than before. The recommended sentences for rape within familial relationships, rape involving home intrusion, and special rape have increased from 6 to 9 years imprisonment to 7 to 10 years imprisonment when aggravating factors are present.

The recommended sentences for forcible molestation within familial relationships and special forcible molestation have increased from 4 to 7 years imprisonment to 5 to 8 years imprisonment when aggravating factors are present. The aggravated sentencing guideline for forcible molestation involving home intrusion has also been raised from 4 to 7 years imprisonment to 6 to 9 years imprisonment.

However, the recommended sentencing range for youth rape remains the same as before (6 to 9 years imprisonment) when aggravating factors are present, and in cases with mitigating factors, it has been revised to a lighter range of 2 years 6 months to 5 years, down from the previous 3 years to 5 years 6 months.

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