Minor Family Sexual Crime Victims Have Only 4 Independent Living Facilities

Victims of sexual crimes committed by minor relatives (hereinafter referred to as victims) often remain dependent on the perpetrators even after judicial procedures have concluded. This has led to calls for institutional support to safely separate victims from perpetrators. There is also a growing demand for legislative measures to provide support and independence allowances so that child and adolescent victims can receive adequate treatment and become self-reliant.

Urgent Need to Improve Support for Independence of Minor Relative Sexual Crime Victims

In 2021, two middle school students in Cheongju City made a joint extreme choice. The so-called 'Cheongju Middle School Student Incident' involved A, who was sexually abused by her stepfather, and her friend B, both of whom ultimately lost their lives. At the time, B’s biological father filed a complaint against the perpetrator, prompting a police investigation. However, multiple arrest warrants and detention warrants were dismissed or rejected, and during the investigation, the perpetrator and victims continued to live in the same space. Subsequently, B’s biological father filed a damages lawsuit against the government and Cheongju City in January last year, citing inadequate investigation and negligence in victim separation measures; the verdict is currently pending.

[Image source=Beomryul Newspaper]

According to a field survey report by the National Assembly Legislative Research Office, a counseling team leader at a 'special support protection facility' where victims can stay said, "The mother asked an acquaintance to file a complaint with the local government to have the child return home quickly," adding, "Even when the protection facility suggested that the child should return home only after the investigation was complete and the mother’s living situation stabilized, this was not accepted, and the local government sent an official notice stating that protection would end based on the decision to return to the original family."

Article 12, Paragraph 3, Subparagraph 3 of the Sexual Violence Prevention Act stipulates the 'special support protection facility.' It mandates that victims under 19 years old who have suffered rape or similar crimes by relatives reside in such facilities, where they receive lodging, meals, counseling, and treatment.

Since its establishment in 2010, only four such facilities currently operate nationwide, each staffed by eight employees including the director. According to the National Assembly Legislative Research Office report, a total of 316 minor victims of sexual crimes by relatives have been admitted to these facilities as of July this year, with 78.5% (81 individuals) being 13 years old or younger.

Due to the nature of the victims, there is a clear trend toward younger ages, and most children in protection facilities find it practically difficult to return to their original homes where the perpetrators reside. Furthermore, under Article 38 of the Child Welfare Act, 'preparing-for-independence youth' who have grown up in childcare facilities receive a monthly independence allowance of 500,000 KRW for five years after leaving protection, as well as a settlement fund ranging from 10 million to 20 million KRW. However, victims are excluded from this support.

Heo Min-sook, a legislative researcher at the National Assembly, suggested, "It is necessary to amend the law to include 'persons under protection in special support protection facilities' as beneficiaries under Article 38 of the Child Welfare Act to provide support equivalent to that for preparing-for-independence youth who leave protection facilities and lack support from guardians."

She further pointed out limitations, saying, "Even if the perpetrator is legally punished, the victim’s family can legally demand the child be returned home since the case is considered closed. If the legal guardian insists on taking the child, there is no way to prevent it, and family courts are very reluctant to suspend or revoke parental rights even when sexual crimes have occurred."

Lee Bora (39, 2nd Bar Exam), a lawyer specializing in sexual crimes, expressed concern, stating, "When victims and perpetrators are in the same space, there are many cases where victims are coerced to retract statements or forced into settlements, obstructing judicial procedures."

Cho Young-jun (30, 12th Bar Exam), a criminal law specialist at Law Firm YK, said, "The Supreme Court has ruled that 'the way a sexual assault victim responds inevitably varies depending on the victim’s personality, relationship with the perpetrator, and specific circumstances' (2020Do6965). Especially in cases of sexual crimes by relatives, victims inevitably experience complex emotions due to their relationship with the perpetrator."

Support Measures at Government and National Assembly Levels

There are growing calls for more attention and support to help minor victims of sexual crimes by relatives recover their daily lives and settle stably in society after leaving protection facilities. In response, the National Assembly and government are showing signs of preparing related measures.

According to the National Assembly Legislative Information System, in August, Representative Jeong Chun-saeng of the Party for National Innovation proposed a bill allowing absences due to counseling and treatment for minor victims of sexual crimes by relatives to be counted as attendance.

The amendment aims to include school absences caused by necessary treatment and counseling for victims’ return to daily life in the attendance count, ensuring sufficient treatment and recovery.

Currently, under Article 38 of the Sexual Violence Prevention Act, sexual violence victim children and adolescents are only recognized for attendance during periods related to enrollment, transfer, or admission. The amendment seeks to recognize treatment and recovery periods as attendance days, enabling victims to receive adequate treatment without academic pressure.

Representative Jeong explained the legislative intent, saying, "Although caution should be exercised regarding returning victims to their families due to sexual violence by family members, there are no established procedures for family return, and cases occur where victims are returned to families against their welfare simply at the guardian’s request."

Additionally, the Ministry of Gender Equality and Family told Legal News in a phone interview, "We plan to significantly expand support funds and independence allowances to help victims of sexual crimes by relatives settle down," adding, "We will strive to have the 'special support program' for victims reflected in next year’s budget by the National Assembly."

Kim Ji-hyun, Ahn Hyun, Legal News Reporters

※This article is based on content supplied by Law Times.

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