Measures to Protect the Victim’s Human Rights During Trial
Judgment Benches Exclusively for Crimes of Sexual Violence- Unless exceptional circumstances occur, the chief judge of a district court or High Court shall designate a judgment bench exclusively taking charge of sexual violence trials (Article 28 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
Non-Disclosure of the Hearing of a Trial- The trial hearing may be determined confidential to protect the privacy of the victim of sexual violence (Article 31, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
- For privacy protection, the victim of sexual violence and the victim’s family summoned as witnesses may request the witness examination to be confidential (Article 31, paragraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
Witness Examination by the Repeater Equipment- Suppose the court interrogates the following victims of sexual violence as witnesses. In this case, the court may ask for the opinion of the prosecutor, defendant, or attorney to interrogate the witness through the repeater equipment (Article 40, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
· Victims of rape and attempted rape, analogous rape and attempted analogous rape, compulsory molestation and attempted compulsory molestation, quasi-rape, quasi-compulsory molestation, and its attempt, crimes of injuries by assault and rape, murder and fatal injury by rape, adultery to a minor, etc., adultery by exerting one’s occupational power, adultery and molestation of a minor (Article 2, paragraph 1, subparagraph 3 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
· Victims of burglary rape (Article 2, paragraph 1, subparagraph 4 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
· Victims of special burglary rape and its attempt, committed and attempted special rape, etc., committed and attempted rape by relatives, rape and compulsory molestation, or attempting such crimes to persons with disabilities, committing or attempting rape and compulsory molestation of minors under the age of 13, incurring and attempting injuries by assault and rape, incurring and attempting murder and fatal injuries by rape, etc., molestation by one’s occupational power, molestation in crowded public places, intruding in public places for sexual purposes, lewd act through communication media, filming or attempting to film another person by camera, etc. (Articles 3 to 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
Participation of the Statement Assistant- If the victim of a sexual violence is under the age of 19 or lacks the ability to discern things or to make a decision due to any physical or mental disability (hereinafter referred to as “victim under the age of 19, etc.”), the court may, ex officio or upon request by the public prosecutor or the victim or his or her legal representative or legal counsel, decide to allow an intermediary to mediate or assist in communication by participating in the examination of the witness to facilitate the examination. (Article 37(1) of 「Act on Special Cases Concerning the Punishment of Sexual Crimes」).
Utilizing the Video as Evidence- If a video recording that contains the statements made by a victim under the age of 19, etc. was recorded in compliance with lawful procedures and methods, the victim’s statement may be used as evidence in any of the following cases (Articles 26(4) and 30-2(1) of 「Act on Special Cases Concerning the Punishment of Sexual Crimes」):
1. Where the suspect, the accused, or the legal counsel could examine the victim with regard to the content of the video recording on the date of evidence preservation, the date of trial preparation, or the date of a trial: Provided, That in the case of an examination on the date of evidence preservation, this shall apply only where the court deems that a sufficient cross examination of the victim is conducted with the right to defense guaranteed to the suspect or victim
2. Where a victim under the age of 19, etc. is unable to appear before the court on the date of trial preparation or the date of a trial and to make a statement due to death, overseas residence, physical or mental diseases or disabilities, or unknown whereabouts: Provided, That this shall apply only where a video-recorded statement or video recording is made under a particularly reliable circumstance
Claim for Evidence Preservation- Where any circumstances exist that make it impractical for a victim of sexual violence to appear and give testimony on a trial date, the victim or his or her legal representative or the judicial police officer may, by explaining the grounds therefor, ask to request the preservation of evidence in regard to a video recording and other proofs (former part of Article 41(1) of 「Act on Special Cases Concerning the Punishment of Sexual Crimes」).