New Rape Law Introduced to Include Young Boys as Victims

Protest against Inwha School for Rape Allegations, depicted in the film Dogani

Korean law is still seen as very lenient when it comes to punishing sexual offenders, and the heated debate still continues. See the koreaBANG article on the film “Dogani” for previous debate on similar cases. In this on-going debate on sexual assault laws (that currently only acknowledge male-to-female rape), legislation has just been passed that recognises underage boys as possible rape victims.

As is the case in many other countries, victims of sexual assault in Korea rarely speak out against their attackers due to shame or fear of embarrassment.

From Munhwa:

From tomorrow it will be considered sexual assault to rape under aged boys. Minimum sentence of 5 years.

From the 16th, for the first time in our country, adolescent boys will be legally acknowledged as a group which can press charges for sexual assault.

Currently, the law only acknowledges that women can be raped, however, moving forward, the law will expand to include underage boys as victims of rape.

In the future, rather than classifying sexual assault on underage boys as merely physical assault, people can face the harsher sexual assault charges.

However rape towards adult males will still not be acknowledged.

It was announced on the 15th, that from the 16th, the revised ‘law protecting male children from sexual assault’ would come into affect. The Ministry of Gender Equality and Family revised the law in September of last year, where it was decided it would go into affect 6 months from that date.

In this version of the bill, male minors who are victims of rape are legally protected, which is an indicator of societal problems. The sexual exploitation of little boys became widely known after the ‘Dogani’ incident, where disabled children were sexually abused. In response, related laws are being tightened.

According to the revised law, someone who sexually assaults little boys, which will now fall under expanded the definition of possible rape victims; instead of the existing physical assault charges, which carries with it a penalty of at least one year, and a fine of between 5 000 000 and 20 000 000 won; can be charged with the harsher sexual assault, which carries with it at least 5 years imprisonment.

In the past, the victim needed to prove their ‘inability to resist’ in order for the perpetrator to be convicted for engaging in illicit sex with a disabled minor but it is important for the disabled to be guaranteed advanced human rights.

‘Sex paparazzi’ who are reported for the sexual exploitation of minors will have to pay up to 1 000 000won ($1000) in compensation from the 16th.

Also the principals, teachers and other staff of daycare, kindergartens, elementary, middle and high schools are bound by law to stop sexual assault on minors.

Comments from Nate:

조병성:

So doing it to men is fine?? Isn’t this a violation of equal rights??

박재현:

If an ajoshi [middle aged man] says a girl is cute, or pats her bum or kisses her cheek, it is sexual assault. And he is treated like a perverted fucker. If an amjuma [middle aged woman] calls a guy cute, pats his bum or kisses his cheek, he is supposed to feel happy. We have to start by switching this.

홍만기:

This is finally being enacted into law. In the late 80s, or early 90s, there was an incident where 4 women raped a 16 or 17-year-old high school boy. They discovered him with an elastic band tied around the bottom of his dick, and even though he came, he couldn’t go soft. So that was the 4 women rape incident. After that, the high school student accused them of causing him permanent erection problems, and that he became sexually handicapped. Because by law rape could only apply to women, in the end he was only able to charge them with sexual harassment. Fuck’s sake.

김강민:

We put to many things into law way to late. ㅠㅠ I hope that the laws change and that in the future whether they are male or female, we don’t have to suffer any more gender specific laws.

김태윤:

This is a positive development. From now on, just like in America, rape against men will be valid. We can throw out the notion that, if men do it it’s a criminal offense and if women do it, it’s ‘romantic’.

최종호:

Hypothetically, guys like girls, but girls don’t want to have sexual relationships with guys. If they both go out for dinner and drinks they somehow end up getting into a sexual relationship, they the next morning the girl wakes up surprised puts on her clothes and goes home. And when I think about it carefully, I think they are playing me. If they report it, they can charge me with rape. But on the other hand if the girl wants to, and the guy doesn’t want to have sexual relations with the girl, but they go out for dinner and drinks and end up having sexual relations… WHAT THEN?? Can the man report it as rape? No… in this situation the girl says ‘now that we slept together you are responsible for me.’ So we need to start like this… with our country’s rape laws. It needs to be a law that applies completely.

안호성:

If you want to do it, apply it to adult males as well…What is this, discrimination against adult males?

오석진:

Let’s equalize the IDEA of sexual harassment~ If a man says ‘she’s so flat-chested~’, this is a sexual harassment. If a woman says ‘he is so flat-chested~’ in women’s head it is not a sexual harassment but ‘man being petty’.

If a man says ‘she looks like high-mileage’, sexual harassment. If a woman says ‘he looks like high-mileage’ women think this is not sexual harassment. Or something really trivial like ‘her legs are so thick’ could be sexual harassment but ‘his legs are so hairy’ is not seen as sexual harassment.

If what man says cause discomfort for women they say it sexual harassment charge could stick, but men’s discomfort ought to be discounted as being ‘petty-minded’, this kind of double-standard has to be dislodged from female brains. This is the reality of Korean women, equalize this first!

신종식:

If a woman hits a man, the man’s a cunt. If a man hits a woman, the man’s a cunt.

김경식:

An adult male could be made victim, and the trauma could be bigger. Especially if you are a Marine, many guys there are pretty tough and strong, and become more so by the time they are done training. So, if a couple of manly men gang up on one, there is no escaping that. A few years ago, a commander raped his subordinate a couple times after which the victim tried to kill himself unsuccessfully and was sent to mental ward instead. How horrible it must have been for a man priding on his masculinity to be subjected to that! But because of the current legal system it does not count as rape but treated only as sexual harassment, they could only be sentenced to a wrist-slap. Rape charge against man should stand.

이명걸:

I am not fucking joking when I work in a mart, middle aged women keep fondling my butt and cracking smiles at me, telling me I am cute and all that shit, it drives me mental –– I understand the sense of humiliation but it really pisses me off. Why is there no sexual harassment charge for men??? crazy shit.

박재현:

If a grown man gave a peck on the cheek to a young girl or lay hand her bum he is a pervert, but when a grown woman did the same you think boys would enjoy that? Change that first.

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