성폭력 피해자 보호를 위한 증거제한에 관한 연구

미국의 강간피해자보호법(Rape Shield Law)을 중심으로

Rape shield laws were legislated to encourage the rape victim to report against the offender by protecting the victim’s privacy and promoting the victim’s prosecution. The United States legislated rape shield laws through the federal evidence law and fifty states law, starting 1980s, in order to protect the rape victim’s human rights. On the other hand, though our country introduced the system that protects the victim’s right in the criminal procedure which was reformed in 2007, June, and the punishment of sexual violence crime and the law for the protection of the victim which was reformed in 2003, we lack the actual system that could protect the victim’s second victimization. Therefore, it is time for our country to install the actual system for the protection of the rape victim through the law like the United Sates’ protection law for the rape victim. In relation with this, our country needs to reconsider whether the evidence concerning rape, such as the victim’s occupation, education, and the victim’s past sexual experience, which I think, are irrelevant, has any actual connection with the case of rape, or not. Especially, if this custom practiced in the criminal procedure is based on the patriarchal prejudice, this can be a problem related not only with question of the victim’s right in the criminal procedure, but also with the right of equality in the constitution. In conclusion, I insist that our penal law system has to accept the rape shield laws to protect the victim of sexual offence. Through this, by preventing the victim’s second victimization, the victim can be more accessible to prosecute against the sex offender. Therefore, the government can realize the social justice through the punishment of these criminals.