sexual self-determination of victims of sexual violence. As such, the Commission
expressed the following opinions to the Chairperson of the National Assembly:
1) That provisions regarding a sexual offense being subject to prosecution on
complaint should be deleted from the Criminal Act, the Military Criminal Act, the Act on
Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes, and the Act
on the Protection of Children and Juveniles from Sexual Abuse;
2) That pseudo-sexual acts should be incorporated into the provisions defining the
types of rape behaviors in the Criminal Act;
3) That the object protected by the crime of rape should be changed from female(s) to
person(s);
4) That the Criminal Act should be amended to lower the level of violence and
threat required to constitute a rape from "the extent where the resistance of the victim is
impossible or significantly difficult" to "the extent where the resistance of the victim is
difficult;"
5) That the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence
Crimes should be amended in accordance with the spirit of the Act by deleting a provision
that directly quotes a clause of the Criminal Act concerning quasi-rape against the
disabled; and
6) That the scope of consanguineous or marital relationships defined with regard to
rape through abuse of consanguineous or marital relationship in the Act on Special Cases
Concerning the Punishment, etc. of Sexual Violence Crimes should be revised to include
those on consanguineous or marital relationships living together with the victim
regardless of their family relationship.
In addition, it was recommended to the Minister of Justice that the Minister amend the
provisions in the Criminal Act and the Act on Special Cases Concerning the Punishment,
etc. of Sexual Violence Crimes in accordance with the aforementioned opinions (Oct. 25,
2012).
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Part II. Major Activities of the Commission