[identity profile] loverboy.livejournal.com posting in [community profile] omonatheydid
The National Assembly passed a revised bill on sexual crimes, the “Dogani Law,” at a plenary session, Friday, to allow heavier punishments for offenders abusing children under 13 and the disabled.

The passage comes amid public anger after the film “Dogani,” called “The Crucible” in English, based on a true story of sexual assaults by teachers on deaf students at a school in 2005, shed new light on the case.

According to the new law, the statute of limitations for sexual crimes targeting children under 13 and the disabled will be scrapped.


Prison terms for those raping the disabled or young children will also increase, up to life imprisonment. Previously the term was a minimum seven years for rapists of the disabled and at least 10 years for those of children.

When the offender is the head or a staff member of a welfare or educational organization for the disabled, an additional sentence will be given.

The controversial clause about “inability to resist” will also be abolished. The clause was originally meant to punish sex offenders harming people physically and mentally unable to resist properly, but it has given offenders a way out because courts required victims to prove they were in such a state.

Along with the bill’s passage, the Assembly decided to form a special committee comprised of 18 lawmakers from both ruling and opposition parties to investigate human rights infringements of the disabled and take appropriate steps by the end of May.

“Human rights infringements of the disabled, such as sexual assaults, are very serious. It is also not easy for disabled victims to make what happened to them public and receive help, because many welfare facilities where the disabled stay are not properly monitored, like Gwangju Inhwa School, as depicted in the film,” a member of the committee said.

“The government is taking related measures but has had difficulty in drawing up a comprehensive policy because the issue is dealt with by several ministries, including those responsible for welfare, gender equality and education. So the Assembly will be in charge of overall measures.”

source: The Korea Times

Date: 2011-10-29 11:41 pm (UTC)
From: [identity profile] baka-tenshi.livejournal.com
The controversial clause about “inability to resist” will also be abolished. The clause was originally meant to punish sex offenders harming people physically and mentally unable to resist properly, but it has given offenders a way out because courts required victims to prove they were in such a state.

i.... what.

Date: 2011-10-30 12:41 am (UTC)
From: [identity profile] mentality34.livejournal.com
i can't even with that clause, it makes no sense. -_- if a victim has been harmed physically or mentally, then isn't it a given that they weren't able to resist?

Date: 2011-10-30 04:18 pm (UTC)
From: [identity profile] -ochre.livejournal.com
i think the clause was meant for people who did not have the abilities to resist, e.g., they were mute or blind or deaf? Those probably would be easier to prove them maybe say, autism, or of lower IQ level. Probably quite problematic.

Date: 2011-10-29 11:57 pm (UTC)
From: [identity profile] chunsakuma.livejournal.com
It's pretty ridiculous how a movie had to be made before something was done about this.

Date: 2011-10-30 12:02 am (UTC)
From: [identity profile] invadeddreams.livejournal.com
MTE.

This shit should've been done a long, long, long time ago. -___-"

Date: 2011-10-30 12:08 am (UTC)
From: [identity profile] baka-tenshi.livejournal.com
to be fair, it's suspected to be part of a cover up (http://www.youtube.com/watch?v=7FIAlGB5mU0).

Date: 2011-10-30 01:41 am (UTC)
From: [identity profile] asnindie.livejournal.com
Fucking joke.

Date: 2011-10-30 01:18 am (UTC)
From: [identity profile] asnindie.livejournal.com
Korea is pretty developed and even so it's still like this in Asia, my parents still refuse to believe Child abuse exists in South Asia no matter how much I tell them about it.

Date: 2011-10-30 04:15 pm (UTC)
From: [identity profile] -ochre.livejournal.com
huh what? refuse to believe child abuse exists? that sounds so ridiculous sorry, child abuse is not like santa claus man.

Date: 2011-10-30 11:21 am (UTC)

Date: 2011-10-31 01:10 am (UTC)
From: [identity profile] deerlike.livejournal.com
It is, but I'm glad it raised public consciousness and forced the government to finally respond.

Date: 2011-10-29 11:57 pm (UTC)
From: [identity profile] needsm0retime.livejournal.com
about fucking time jfc

Date: 2011-10-30 12:01 am (UTC)
From: [identity profile] angel-9-lives.livejournal.com
♥ agreeing with [livejournal.com profile] chunsakuma though...it's ridiculous and damn sad >.
Edited Date: 2011-10-30 12:01 am (UTC)

Date: 2011-10-30 12:51 am (UTC)
From: [identity profile] angela-derp-otp.livejournal.com
I know this is good news but sometimes this kind of article makes me realize how retrograde south korea can be. They are way too far from real globalization.

Date: 2011-10-30 01:56 am (UTC)
From: [identity profile] ren-squared.livejournal.com
finally a step in the right direction but wth korea why stop at 13? children are children by yours laws beyond that age smh

Date: 2011-10-30 04:32 am (UTC)
From: [identity profile] very-pinku.livejournal.com
That always bothered me. Like there was another law and it stopped at age 13 or something...
and i'm just like, "what about the kids who are over 13? don't they deserve protection?"

Date: 2011-10-30 05:27 am (UTC)
From: [identity profile] kamchaatka.livejournal.com
I guess at 14 years victims are expected to start shouldering some of the responsibility for their own rape? Or perhaps that's when the committee considers sexual assault becomes less serious. Who knows. Who the hell knows what their messed up reasoning is. I mean, why is it so difficult to comprehend that all rape is serious, all victims deserve protection, and all rapists deserve immediate and harsh punishment?

Date: 2011-10-30 06:23 am (UTC)

Date: 2011-10-30 09:00 am (UTC)
From: [identity profile] izabera.livejournal.com
Korea needs to raise the age of consent. Then many other problems will be dealt with, such as the abuse and exploitation of teenagers. There is this gap between 13 and 20 where young people are not adequately protected by the law because they are no longer children and yet are not legal adults either.
This article focuses on the most vulnerable, but kids who aren't disabled also need more protection. I bet many teen idols and actors have to deal with unwanted attention from predatory adults in the entertainment industry.

Date: 2011-10-30 09:07 am (UTC)
From: [identity profile] benihime99.livejournal.com
13 is a "stage" in most country.
Cause the "sexual maturity" is placed at 13... even in western country. So they're probably coordinating their laws with other country.
(deleted comment)

Date: 2011-10-30 04:19 am (UTC)
From: [identity profile] geniebsmart.livejournal.com
I thought they abolished "inability to resist" here? o__O But yeah, that part of the clause shouldn't have been there in the first place >__>

Date: 2011-10-30 03:54 am (UTC)
From: [identity profile] lil-rach-angel.livejournal.com
Well at least this is a small step forward. Let's not take two steps back South Korea, okay? Then see about some other areas of importance: immigrants, women's rights, LGBTQ, etc.
(deleted comment)

Date: 2011-10-30 04:25 am (UTC)
From: [identity profile] lil-rach-angel.livejournal.com
I wouldn't since laws concerning women can affect all of those groups too.
(deleted comment)

Date: 2011-10-30 04:39 am (UTC)
From: [identity profile] lil-rach-angel.livejournal.com
Yeah, I really boggle at those associations and how people can be insensitive by saying things like it's "choosing the lifestyle". Sadly these ways of thinking are everywhere since economic advancement doesn't equal rational thinking or decency.

Date: 2011-10-30 09:27 am (UTC)
From: [identity profile] lydzi.livejournal.com
Baby step. Better than nothing.

Date: 2011-10-30 04:09 pm (UTC)

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