Five lawyers named to help child victims of sexual violence

Five lawyers were appointed “legal advocates for child victims of sexual violence” at Seoul Central Prosecutors’ Office Friday. They will help underage victims from the initial investigation stage through the trial.

The Ministry of Justice said that the revised law to protect children from sex crimes came into effect Friday and that the law offers more support for underage victims of sexual assault, especially boys.

The legal advocacy system for child victims of sexual violence is new to Korea, though similar systems exist in Japan, Germany and several other countries, officials said.

The appointment of additional advocates will be made by prosecutors to take legal care of victims under 19 years old, upon request of the victims or their legal guardians.

In cases where victims have no lawyers, have mental problems or have been assaulted by blood relatives, the appointment becomes mandatory.

Rape of disabled people will be also covered by the system. The government will pay for their legal fees.

The prosecutor-appointed advocates will escort the victims to police and suggest avenues for investigation, while safeguarding their rights. They will assist their clients in handing relevant evidence, accompany them to the prosecutors office for investigation and mediating schedules. They can also make suggestions regarding punishment of offenders and go avail of complex legal processes, such as requesting the preservation of evidences and the copying of relevant documents. In court, they will also defend the victims.

“Even after the trials are over, the advocates will provide legal consultations for the victims,” an official of the ministry told The Korea Herald.

“In some cases, victims meet trouble during investigations or trials but fail to get help or cannot afford a lawyer because they are ignorant of legal steps. The advocacy system will enable all victims to exercise their legal rights,” another official said.

Also coming into effect on the same day was the acknowledgement of underage male victims of sexual assault as rape victims. Previously, rape was defined as sexual assault on females only, while rapists of boys were penalized for sexual harassment, a relatively minor crime subject to fines of between 5-20 million won or a one-year prison term. The old law was at the center of controversy, since perpetrators of rape on girls can be sentenced to more than five years in prison.

“The revised law will guarantee the equal status of all underage victims of sexual violence,” a ministry official said.

By Bae Ji-sook (baejisook@heraldcorp.com)