Filing Complaints on the Sexual Violence Assailant
Persons Entitled to File a Complaint
- “Accusation” refers to a person entitled to file a complaint raising an accusation to express his/her intention for the investigation agency to punish the assailant. Any person falling under the following categories may file a complaint against the sexual violence assailant.
· The victim of sexual violence (Article 223 of the Criminal Act)
· The legal representative of the victim of sexual violence (Article 225, paragraph 1 of the Criminal Procedure Act)
· The spouse, lineal ascendant, or sibling of the victim of sexual violence (Article 225, paragraph 2 of the Criminal Procedure Act, only applicable if the victim has passed away or intends to file a complaint)
How to File a Complaint
- The person entitled to file a complaint above may submit a written accusation or orally make an accusation before the prosecutor or judicial police officer (Article 237 of the Criminal Procedure Act).
Exclusion for Accusation Restriction
- A person shall not file a complaint against a lineal ascendant of the principal himself/herself or his/her spouse (Article 224 of the Criminal Procedure Act, and Article 266 of the Military Court Act). However, the above provision shall not apply to crimes of sexual violence (Article 18 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
Extension or Exclusion from Application of Public Prosecution Prescription
Extension of Public Prosecution Prescription due to Scientific Evidence (DNA)
- For the following crimes, the prescription of public prosecution shall be extended for ten years if scientific evidence, such as DNA, exists (Article 21, paragraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
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Classification
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Contents
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Sexual violence under the Criminal Act
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Crimes and attempted crimes of rape (Articles 297 and 300 of the Criminal Act) Crimes and attempted crimes of analogous rape (Articles 297-2 and 300 of the Criminal Act) Crimes and attempted crimes of compulsory molestation (Articles 298 and 300 of the Criminal Act) Crimes and attempted crimes of quasi-rape and quasi-compulsory molestation (Articles 299 and 300 of the Criminal Act) Crimes of injuries by assault and rape (Article 301 of the Criminal Act) Crimes of murder and fatal injuries by rape (Article 301-2 of the Criminal Act) Adultery to minors, etc. (Article 302 of the Criminal Act) Adultery by exerting one’s occupational position (Article 303 of the Criminal Act) Adultery and sexual molestation of minors (Article 305 of the Criminal Act) Burglar rape (Article 339 of the Criminal Act)
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Sexual violence under the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes
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Special burglar rape, etc. (Article 3 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes) Special rape, etc. (Article 4 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes) Raping relatives, etc. (Article 5 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes) Raping or forcibly molesting persons with disabilities, etc. (Article 6 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes) Raping or forcibly molesting minors under the age of 13 (Article 7 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes) Crimes of injuries by assault and rape, etc. (Article 8 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes) Crimes of murder and fatal injuries by rape, etc. (Article 9 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
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Excluding Application of Prescription of Public Prosecution
- For the following crimes, the prescription of public prosecution shall be excluded from application (Article 21, paragraph 4 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
· If murdering a person after committing rape, quasi-rape, compulsory molestation, quasi-rape, quasi-compulsory molestation, or attempting such crimes (Article 301-2 of the Criminal Act, only applicable to murder by rape)
· If murdering a person after committing special burglar rape, special rape, raping relatives, raping and forcingly molesting persons with disabilities, raping, forcingly molesting, or attempting such crimes to minors under the age of 13, rape, committing or attempting compulsory molestation, or committing or attempting analogous rape, compulsory sexual molestation, quasi-rape, or quasi-compulsory molestation (Article 9, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
· If murdering or causing another person’s death after raping or forcingly molesting a minor under the age of 19 (Article 10, paragraph 1 of the Act on the Protection of Children and Youth Against Sex Offenses)
· If a person murdered the following persons after committing or attempting rape, quasi-rape, compulsory molestation, quasi-rape, and quasi-compulsory molestation: officers, paramilitary officers, non-commissioned officers, soldiers serving duty, military personnel, or a student, military trainee, military cadet, non-commissioned officer cadet of a military school with military records, a student serving military service according to Article 57 of the Military Service Act, reserve soldiers, drafts, and schools with disqualified conscription status who is in active service (Article 92-8 of the Military Criminal Act, only applicable to murder by rape, etc.)