강간개념의 재정립 : 폭행 · 협박에서 자기결정으로

Abstract

It has been considered that there have some reasonable causes for the victims to be raped. It"s. however. only because of socially accepted ideas about sexual violences. This universally accepted social notions unfortunately make its members act like bystanders toward physical and mental anguish of rape victims, or make them accomplices by injecting the offenders" points of view into the community. The simple logic of concent or non-concent. connected with sexuality. has been the criteria whether it"s rape or fornication(adultery with consent. It"s not easy to expect sex-neutral judgements because the operative law of rape has been prescribed offender-oriented. and also the judiciary analyzing the regulations has observed the old male-oriented ideology. This traditional duplicity on sex ethic has also been applied to criminal assaults. making the victims" claims for infringement of their self-determination rights difficult. The recently diversified sex cultures have brought negative side effects to increase sexual assaults, even though they have positive aspects as well. The reconceptulization of rape. suggested as a way to this negative aspect, claims to recognize the violence and threat considered as realistic components of crimes as self-determination rights. To make that happen epoch-making revisions need to be made by introducing gender-sensitivity along with the changes of understanding on sexually-biased notions.