ENGLISH

Victims of Sex Crimes
Measures to Protect the Victim’s Human Rights During Investigation
Responsibility for Investigation of Victims of Sexual Violence
- The Public Prosecutor General shall order each director of the District Prosecutors’ Office to designate a prosecutor to exclusively take charge of crimes of sexual violence. Unless exceptional circumstances occur, the designated prosecutors shall investigate the victims (Article 26, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
- The Public Agency Commissioner shall order each commissioner of the district police office to designate a judicial police officer to exclusively take charge of crimes of sexual violence. Unless exceptional circumstances occur, the designated prosecutors shall investigate the victims (Article 26, paragraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
Filming and Preserving the Victim’s Statement
- Suppose the victim of sexual violence is less capable to make decisions or distinguish objects due to a physical or mental disorder. In this case, the victim’s statement and investigation process shall be filmed, recorded, and preserved through video recorders, etc. (Article 30, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
Participation of the Statement Assistant
- Suppose the victim of sexual violence is under the age of 13 or has difficulty expressing thoughts due to a physical or mental disorder. In this case, the prosecutor or judicial police officer shall have the statement assistant participate to interpret or support communication for smooth investigation by his/her official authority or upon the application of the victim, the victim’s legal representative, or attorney [main text of Article 36, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes].
- However, the above provision shall not apply if the victim of sexual violence or his/her legal representative disagrees to be assigned with a statement assistant (Conditions of Article 36, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
Selecting a Court-Appointed Defense Attorney
- The victim of sexual violence and his/her legal representative may appoint a court-appointed defense attorney to prevent damages that may occur by criminal proceedings and reinforce legal assistance (Article 27, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
- Any victim of sexual violence not appointed with an attorney may be assigned with a court-appointed defense attorney. In addition, the following victims of sexual violence shall be assigned with a court-appointed defense attorney (Article 27, paragraph 6 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes, and main text of Article 8, paragraphs 1 and 2 of the Regulations on the Prosecutor's Appointment of a Public Defender).
· Committing or attempting special burglar rape, etc. (Articles 3 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
· Committing or attempting special rape, etc. (Articles 4 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
· Committing or attempting rape of relatives, etc. (Articles 5 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
· Committing or attempting rape or compulsory molestation of persons with disabilities (Articles 6 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
· Committing or attempting rape or compulsory molestation of minors under the age of 13 (Articles 7 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
· Injuring or attempting to injure another person by rape and assault (Articles 8 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)
· Committing or attempting murder or fatal injuries by rape, etc. (Articles 8 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)