성범죄에 대한 비판적 검토

The Critical Examination about The Sexual Crime - in the victim’s viewpoint -

The nature of the sexual crime is the crime that a criminal violate the freedom of a personal sexual determination. The freedom to determinate a self-sexual action can not only be violated by the highest battery and assault but also the use of force and a superior position. So The rape and compulsory sexual conduct with great force is established in the criminal code. But a dissent adultery crime is not established. Because it is difficult to distinguish 「consent」 and 「dissent」. Also it is possibility contrary to the principle of nulla poena sine lege. To recognize the nature of the sexual crime, the objective of the rape need to extend from 「the woman」 to 「the men」. So by the same reason, simply a wife is also to be the objective of the rape, to considerate the relationship of husband and wife. The means of sanction is also provided the protection disposition beyond the penalty. The great reason a sexual crime to be a victim’s complaint is a victim’s honor and privacy. But it have to be protected by the criminal procedure of the state. Because a sexual crime is a victim’s complaint. Today in our society, more victims come into. so the victim’s complaint provision of the sexual crime is phased out.