Current Status of Women’s Rights III: 30 percent of the Emergency Phone Calls by Women - the Issue of Domestic Violence

Women are more susceptible to become the victims of violence than men. Although women’s rights have improved, women victims of the sexual and domestic violence are increasing.

- Laws that prohibit violence against women: The Act concerning the `Prohibition of the selling and buying of women or the contract on selling and buying` was legislated in 1946 during the time of the U.S. military administration. Since then, laws that prohibit violence against women have been developed. Special Act concerning the Sexual Violence and the Special Act concerning the Punishment of Domestic Violence are the representative examples.

Special Act concerning the Sexual Violence not only prohibits sexual violence, but also provides protection of victim and the establishment of the system for protection during the investigation and trial. Special Act concerning the Punishment of Domestic Violence clearly states the education of perpetrator and the probation. It also obligates protection for victim and the establishment of the system for the protection during the investigation and trial.

- ``Why didn’t you run away?``: There are 72 counseling centers for the sexual violence. More people are visiting these centers. Ha Een-Ju, a counselor at the Korea Sexual Violence Relief Center, said that ``the first problem victims of sexual violence experience is the lack of understanding by the police and the avoidance of the medical institutions.`` Victims have to repeatedly talk about the situation which they do not want to recall. Moreover, the police advises for the mutual consent after repeatedly questioning whether it was a sex by consent. The counselor Ha said, ``A few days ago a victim in her 20s went to the police with a 3-week diagnosis for her broken ribs. However, the woman was once again victimized as the police kept asking `why didn’t you run away?`, while advising for the mutual consent.`` In case of medical institutions, they often evade the medical treatment or avoid writing a medical diagnosis.

Kim Ellim, the chief researcher at the Korean Women’s Development Institute (KWDI), said, ``The `second violation of the human rights` against the victims of the sexual violence can easily take place by the investigator and the court during the process of the investigation and trial. The shelters for victims and the medical institutions are inadequate.``

Currently, there are 8 shelters for the victims of the sexual violence nationwide. However, there is a management regulation which allows only 10 people to stay in each shelter for 6 months (3-month extension is possible). Oh Hee-Ok, director of the Yullimtuh at the Korea Sexual Violence Relief Center, said that `` many youths victims of the family related sexual violence are staying in the shelters. They have to go back to their houses where the perpetrators live after a certain period of time. More shelters should be established along with the realistic regulations for the duration of their stay.``

- ``I batter my wife…``: There was a serious domestic violence incident in Inchon last year. The husband scorched his wife with cigarette and used the `electric torture` on her. The husband was sentenced to seven-year imprisonment after a mental evaluation. The biggest problem pointed out through this incident was that the neighbors were pretending not to know what was going on even though they had heard the screaming during the long hours of `torture` by the husband. Bae Suk-Il, vice president of the Inchon Women’s Hot Line, said, ``This phenomenon is due to the common sense that `one should not be involved in fights between husband and wife`. However, this is a wrong thought that instigates the domestic violence. Domestic violence should be regarded as a social crime.``

Meanwhile, according to the results of the counseling between January and May through the hot line `Women 1366`, which Seoul City commissioned to the Seoul Women’s Hot Line, 30.4 percent (2088 cases) out of a total case of 6871 was about the domestic violence related counseling cases. Lee Su-Jung in the human rights center of the Korea Women’s Hot Line, said, ``The first problem faced by the habitually battered wives is the socially accepted idea that `the domestic violence should be resolved by the couple.` Therefore, education for the awareness and prevention is more important than law in the case of domestic violence.``

This is why women’s organizations campaign for the `Peaceful month without domestic violence` in liaison with the National Police Agency every May since 1997. Furthermore, women’s organizations are preparing for the legislation of the laws through the revision of the Special Act concerning the Punishment of Domestic Violence to includes the provisions against the delinquency of ones duty when the social welfare workers, rescue workers, and the police do not report the domestic violence cases.

- Law on the `prevention of the prostitution`, is irrelevant to the reality: Kim Ellim (KWDI) said, ``The law on `prevention of the prostitution` is, along with the issue of abortion, the example that illustrates the `separation between law and reality`.`` The Law prohibits the selling and buying of sex itself. However, the selling and buying of sex does not disappear. Rather, ages concerning the selling and buying of sex become lower. Although the law on the prevention of the prostitution promises the supporting system to help the prostitutes return to society, this is far from the reality. Byun Wha-Soon, research director of the KWDI, said that ``people have voiced that the selling and buying of sex should be eradicated through the welfare and the transformation of the consciousness, along with the revision of the related laws, instead of the punishment for the women who sell sex.``

Soh Young-A sya@donga.com