by Heo Midam
Published 21 Apr.2022 12:25(KST)
A stepfather who sexually assaulted his stepdaughter over 300 times during 12 years was sentenced to a heavy punishment again in the appellate court.
[Image source=Yonhap News]
[Asia Economy Reporter Heo Midam] Recently, a man in his 50s who sexually assaulted his stepdaughter over 300 times from when she was 9 years old for 12 years was sentenced to a heavy prison term, raising social awareness about familial sexual crimes.
In particular, due to the nature of familial sexual crimes, most victims are exposed to sexual offenses from a minor age, making it difficult for them to recognize that they have been sexually assaulted. Additionally, crimes are easily concealed within the family, resulting in a low reporting rate of sexual crimes.
The Jeonju 1st Criminal Division of the Gwangju High Court (Chief Judge Baek Gangjin) on the 20th upheld the original sentence of 25 years imprisonment in the appellate trial against A (55), who was indicted for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The court also ordered the attachment of an electronic tracking device for 20 years, a 10-year employment restriction at child and disability-related institutions, and disclosure and notification of personal information.
A was charged with sexually assaulting and molesting his stepdaughter B a total of 343 times over approximately 12 years from 2009 to this year. It was revealed that B experienced pregnancy and abortion twice due to A’s crimes.
His heinous acts began in 2002 when he started living with B’s mother, C. A frequently used violence against B and other family members, and during this time, he threatened B by saying, "If you refuse my demands, I will kill the whole family and sexually assault your younger sister," committing sexual crimes. When A first committed the crime in 2009, B was only nine years old.
Due to these crimes, B became pregnant for the first time at age 14 and later experienced another pregnancy and abortion. Notably, A threatened B by saying, "You are pregnant with my child, so you are my wife. Act like my wife," and installed a location tracking application on B’s phone to prevent her from meeting other men.
This case became public after B, who was afraid of retaliation and could not seek help from those around her, confided in an acquaintance after reaching adulthood.
This is not the first case of sexual crimes against family members. Earlier on the 15th, a man in his 40s who sexually assaulted his teenage stepdaughter for several years and also molested his nephew was handed over to the prosecution. This man is accused of repeatedly sexually assaulting his elementary school-aged stepdaughter at his home since 2020.
Meanwhile, familial sexual violence crimes have been ongoing every year. According to the Ministry of Justice’s data on 'Reports and Dispositions of Sexual Violence Crimes by Family Relations,' the number of sexual violence offenders against family members reported to the prosecution was ▲520 in 2015 ▲500 in 2016 ▲535 in 2017 ▲578 in 2018 ▲525 in 2019.
Also, according to the Ministry of Gender Equality and Family’s '2020 Sexual Violence Victim Counseling Centers and Protection Facilities Support Performance Report,' 14.5% of sexual violence perpetrators were family members, relatives, or spouses, second only to workplace-related perpetrators (16.2%).
The problem is that familial sexual crimes often involve victims who have been continuously abused since childhood. Especially since they live closely in the same space, victims are easily monitored, and most are socially and economically dependent on the perpetrator, making reporting difficult.
The current 'Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes' (Sexual Violence Punishment Act) stipulates that family members within the fourth degree who commit rape through violence or threats shall be punished by imprisonment for at least seven years. The statute of limitations in such cases is up to 10 years from the end of the criminal act. However, if the victim is a minor, the statute of limitations does not proceed until the victim reaches the age of 19.
Relatedly, a survey found that nearly half of familial sexual violence victims suffered sexual crimes from childhood. According to the '2021 Counseling Statistics and Trend Analysis' released by the Korea Sexual Violence Counseling Center, the proportion of familial sexual violence counseling cases rose from 5.4% (64 cases) in 2018 to 14.2% (76 cases) last year.
Among familial sexual violence victims, 73 cases (96.1%) were female, and about half of the victims were aged 8 to 13 (36 cases, 47.4%) when the abuse occurred. Also, 57.9% (44 cases) of all familial sexual violence counseling cases had already passed the statute of limitations, 32.9% were still within the statute of limitations, and 9.2% were unknown.
Given this situation, voices are rising to abolish the statute of limitations for familial sexual crimes altogether. Last year, a bill to abolish the statute of limitations for sexual violence crimes committed by family members was proposed in the National Assembly as part of an amendment to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.
Yang Jeongsuk, an independent lawmaker who sponsored the bill, emphasized, "Victims of familial sexual violence live in long-term pain and fear, and even if the perpetrator dies, the pain and memories do not disappear."
She added, "The purpose of the bill is to protect the human rights of victims by excluding the statute of limitations when victims become adults or economically independent and try to report the perpetrator."
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