Filing Complaints on the Sex Trafficking 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 sex trafficking crime (hereinafter referred to as “Sex Trafficking“) assailant.
· The victim of sex trafficking (Article 223 of the Criminal Act)
· The legal representative of the victim of sex trafficking (Article 225, paragraph 1 of the Criminal Procedure Act)
· The spouse, lineal ascendant, or sibling of the victim of sex trafficking (Article 225, paragraph 2 of the Criminal Procedure Act, only applicable if the victim has passed away and punishments shall not be given if the victim explicitly expresses his/her objection).
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 sex trafficking crimes under the Criminal Act (Article 18 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).