Intrafamily Child Sexual Abuse in Korea, Out of Sight, Out of Mind
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In the last decade, child sexual abuse in Korea has begun to emerge from hiding via media attention to a number of high profile cases of violence against minors, with headlines focusing public attention on horrific sexual crimes committed by strangers against female children. Incidents of kidnapping and sexual violence against children outrage the public and dramatize the challenge that this intransigent problem presents to the diligent members of the Korea National Assembly who continue to toughen up legal measures to increase maximum sentencing limits, to increase the period that a convicted pedophile may be required to wear an ankle bracelet tracking device, to require the public disclosure of the names and partial addresses of certain sex offenders, and to enact a law allowing judges to order chemical castration of high risk offenders to help prevent recidivism. Although these governmental policies are primarily focused on preventing repeat crimes by sex offenders who are strangers to their victims, empirical studies of data from counseling centers suggests that the greater majority of child victims in Korea may be subjects of intrafamily sexual abuse. The author recommends that Korea’s criminal statutes be amended in line with the developing American trend to (1)specifically prohibit intrafamily sexual abuse of children and juveniles by a parent, caretaker or adult household member in a position of authority or control over the child (2)specifically target offenders that are parents and other persons in position of trust and authority over the child to receive enhanced punishment for sexually assaulting the child (3)specifically criminalize the act of a parent, or guardian or other person legally charged with the care of a child who deserts a child or otherwise entrusts the child to someone knowing that the child is in danger of sexual abuse or knowing that the person the child is entrusted to had previous sexual contact with the child; (4)adjust the statute of limitations for these crimes in a manner necessary to provide recourse for adults whose repressed memories of experiences of child abuse are restored by psychiatric treatment; and (5) provide greater guidance to prosecutors and judges, based on sound empirical evidence and the advice of experts, concerning whether to recommend separation of the offender from the child’s home.
Abstract
In the last decade, child sexual abuse in Korea has begun to emerge from hiding via media attention to a number of high profile cases of violence against minors, with headlines focusing public attention on horrific sexual crimes committed by strangers against female children. Incidents of kidnapping and sexual violence against children outrage the public and dramatize the challenge that this intransigent problem presents to the diligent members of the Korea National Assembly who continue to toughen up legal measures to increase maximum sentencing limits, to increase the period that a convicted pedophile may be required to wear an ankle bracelet tracking device, to require the public disclosure of the names and partial addresses of certain sex offenders, and to enact a law allowing judges to order chemical castration of high risk offenders to help prevent recidivism. Although these governmental policies are primarily focused on preventing repeat crimes by sex offenders who are strangers to their victims, empirical studies of data from counseling centers suggests that the greater majority of child victims in Korea may be subjects of intrafamily sexual abuse. The author recommends that Korea’s criminal statutes be amended in line with the developing American trend to (1)specifically prohibit intrafamily sexual abuse of children and juveniles by a parent, caretaker or adult household member in a position of authority or control over the child (2)specifically target offenders that are parents and other persons in position of trust and authority over the child to receive enhanced punishment for sexually assaulting the child (3)specifically criminalize the act of a parent, or guardian or other person legally charged with the care of a child who deserts a child or otherwise entrusts the child to someone knowing that the child is in danger of sexual abuse or knowing that the person the child is entrusted to had previous sexual contact with the child; (4)adjust the statute of limitations for these crimes in a manner necessary to provide recourse for adults whose repressed memories of experiences of child abuse are restored by psychiatric treatment; and (5) provide greater guidance to prosecutors and judges, based on sound empirical evidence and the advice of experts, concerning whether to recommend separation of the offender from the child’s home.
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