All those convicted of sexual assault against disabled people or children under 13 years old will face mandatory prison terms without suspension, the nation’s top court decided Tuesday.
Heavier terms will be imposed on such criminals in order to stem repeat offenses, according to a subordinate committee of the Supreme Court, which passed new ruling guidelines for sex crimes.
According to the committee head Lee Ki-su, the imprisonment terms for sexual assaults against a minor under the age of 13 will be lengthened by 1-2 years, giving up to a nine-year-term for harassment and up to 15 years for rape. The current maximums are eight years and 13 years, respectively.
Judges will be recommended to hand down up to six years in jail for sexual harassment of the disabled and 12 years for rape. This is about twice the 4-7 years in prison given for rape against non-disabled people.
Pedophiles with multiple convictions will be given up to 15 years.
“The committee decided to recommend that judges not give suspended terms to such criminals because it is a felony,” a court official explained.
If the crime is committed by social workers, teachers or others in positions of care, additional penalties should be levied, the committee decided.
The judges will carefully look into whether the pre-arranged settlement between the assailant and the victim fully reflects the willingness of the latter, in order to prevent a forced consent plotted by the relatives of the criminal in order to win court leniency.
The committee decided to go stricter on sex crimes against those older than 13, too. If injury or other damage is incurred, up to 16 years of imprisonment should be meted out, the committee suggested.
Public rage toward pedophiles and sex offenders against disabled people has grown recently. The release of the movie, “Dogani,” which depicts the rampant sexual offenses committed at a special school for disabled children, has brought light to the rights of the vulnerable again, the court explained.
By Bae Ji-sook (
baejisook@heraldcorp.com)
