`The Crucible Law`

Under Korean law, sexual abuse is an offense subject to complaint. This means a sexual offender is indicted based on the victim’s complaint. This is meant to protect a victim’s honor, privacy and personal rights, but sex offenders often abuse the law to get the charges dropped against them and commute their sentences. Under Article 6 of the Law on Special Cases Related to Sexual Assault, those who engage in illicit sex with or commit sexual harassment against the disabled, who cannot protect themselves, will receive punishment for the charges of rape and sexual assault.

The government announced Friday a new law to prevent sexual assault of the disabled and protection of victims. This is a hasty government response to assuage public anger triggered by the hit movie “The Crucible,” which is based on the true story of hearing impaired students who suffered sexual abuse at their school. Under the law, sexual abuse against the disabled will no longer be considered an offense subject to complaint and the scope of criminality of sexual assault will be expanded. In addition, those convicted of raping the disabled will see their prison sentences expanded from more than three years to more than five years. The measure can be nicknamed "The Crucible Law.”

In the wake of the 2007 kidnapping and murder of two girls, 10-year-old Hye-jin and 8-year-old Ye-seul, the Justice Ministry proposed the "Hye-jin Ye-seul Law” to punish those convicted of sexual assault and murder with the death penalty and life imprisonment. After Cho Du-sun brutally raped an 8-year-old girl named Na-yeong in 2009, sexual assaults on teenagers were no longer considered an offense subject to complaint. In the wake of the sexual assault and murder of an underage female student by Kim Kil-tae, a law forcing sexual offenders to wear electronic ankle bracelets was retroactively expanded. In addition, a bill to chemically castrate child sex offenders passed parliament. Na-yeong’s father has recently launched a signature-collecting campaign to remove the statute of limitations for those guilty of sex crimes against children.

Whenever accidents that create huge social ramifications occur, the government hastily enacts new laws and present makeshift measures. This is akin to treating the symptoms but not curing the disease, however. The government must complement existing laws from a long-term perspective while strictly applying them. Continuous treatment and supervision of sex offenders are also necessary to reduce recidivism. The government is also advised to identify the reasons the number of sexual assaults is increasing.

Editorial Writer Lee Hyeong-sam (hans@donga.com)