법여성주의에서 바라 본 성에 대한 법인식의 문제

Feministic Perspective on the legal awareness about Sexuality - focused on the object of the rape

Traditionally, we have known that the rape is done by men towards women. however, it is very rare case that criminal law operate the rape as special elements to constitute for women. especially considering the universality and the anti-sexuality are hallmarks of criminal law. In generally, legal interest of the rape is sexual self-determination, not a chastity or virgin of female. That means a freedom do not have sex with someone if one don't feel like doing. But There's always a question about it, why the object of sexual self-determination limit to only 'women', though all human being have sexual self-determination based on the self-determination in article 10 of the Constitution. In general, sexual self-determination is the benefit and protection of the sexual assaults and its contents are changed to the other according to each crime composition important matter. Then, restricting the object of the rape is limited to 'women' by criminal law in korea that is considered overprotecting women compared with other crimes or show the legal interest of rape is women's chastity or virginity as ever, notsexual self-determination. but the latter is a premodern concept and must be sublated. So, I will understand the legal interest of the rape is sexual self-determination which is one of the personal rights, out of the scope of women's chastity which survive until today. and judge whether the rape will be formed on this benefit and protection of the criminal law. From it, we can expect equality between the sexes in rape as soon as and changes of legislation and the construction of law in gender aspects.