「성폭력범죄의 처벌 등에 관한 특례법」상 실체법 규정의 개정방안 -국회 개정 발의안을 중심으로-

Abstract

All ages and countries, sexual violence has occurred consistently and it has a feature that the penalty level on the criminals is relatively low considering the extent of the damage in comparison with its high re-offending rates and recidivism. Distorted perspectives within our society, especially have made the victims of sex crimes need huge courage to reveal their damages and Due to which not only proper punishments but also effective counterplan have been insufficient. As “Me-Too” movement has proliferated all around the world including our country, The victims of sex crimes who have started to expose their damages they haven’t manifested yet require the state(the authority) to punish sex offenders strictly, simultaneously requesting the need to be more proactive in victim protection and sex crime prevention. To meet these public needs, the national assembly has proposed several bills aimed at sex crime punishment and victim protection, and most of which share a feature that they are all focused on strengthen punishment. But just elevating the statutory punishment isn’t enough to prevent the crimes. In order to protect people against diversified sex crimes and protect the victims along with higher statutory punishment, we need to clarify the misconducts needed to be punished and also expend the deeds subject to punishment. Besides, we should make ceaseless efforts to make the protection and prevention more substantive by carefully considering gender sensitive perspective based on the characteristics of sexual offenses.