ENGLISH

Sex Offenses Against Children and Youth

Punishment of child and youth sex offenders

Provisions on aggravated punishment of child and youth sex offenders

Punishment of child and youth sex offenders

Sexual crimes and punishment under the Criminal Act

Sexual crimes and punishment under the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes

Sexual crimes and punishment under the Act on the Protection of Children and Youth Against Sex Offenses

Sexual crimes and punishment under the Child Welfare Act

Provisions on aggravated punishment of child and youth sex offenders

Aggravated punishment of sex offenses committed by relatives

- Sex offenses committed by relatives are subject to aggravated punishment. The scope of relatives is limited to relatives by blood or marriage within the fourth degree or residing together, including de facto relationships (Article 5(4) and (5) of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).

Aggravated punishment of sex offenses committed by persons liable to report

- If the head or employee of one of an institution, facility, or organization commits a sex offense against a child or youth under his or her protection, supervision, or medical treatment, the punishment for such offense is increased by up to 1/2 of that prescribed for such offense (Article 18 and Article 34(2) of the Act on the Protection of Children and Youth Against Sex Offenses).

· Kindergartens

· Schools

· Medical institutions

· Child welfare facilities

· Welfare facilities for persons with disabilities

· Child care centers

· Private teaching institutes and teaching schools

· Supporting institutions for victims, etc. of sexual traffic and counseling centers for victims, etc. of sexual traffic

· Single-parent family welfare facilities

· Counseling centers related to domestic violence and protection facilities for victims of domestic violence

· Counseling centers for victims of sexual violence and protection facilities for victims of sexual violence

· Facilities for youth activities

· Youth counseling and welfare centers and youth shelters

· Centers for the protection and rehabilitation of youth

Provision of mitigating punishment not applied to sex offenses committed while under the influence of alcohol or drugs

- Under the Criminal Act, an act committed by a person who is unable to make discriminations or to control one's will due to mental disorder is not punishable. Punishment may be mitigated for the conduct of a person who is deficient in making discriminations or controlling one's will due to mental disorder, and for an act committed by deaf-mutes (Articles 10 and 11 of the Criminal Act).

- However, due to the seriousness of sexual crimes committed against children and youth, offenders may be punished like other sex offenders and provision of mitigating punishment may not apply even if the crime was committed in a state of physical and mental incapacity induced by alcohol or drug (Article 19 of the Act on the Protection of Children and Youth Against Sex Offenses).

Special case concerning prescription of public prosecution

- Prescription of public prosecution not applied to sex offenses committed against children and youth under 13 years of age

· Prescription of public prosecution do not apply when the following sex offenses are committed against a person under 13 years of age or a person with a physical or mental disability (Article 20(3) of theAct on the Protection of Children and Youth Against Sex Offenses):

√ Rape, indecent act by compulsion, quasi-rape, quasi-indecent act by compulsion, inflicting or causing another's bodily injury by rape, and killing another or causing death of another by rape, etc stipulated in the Criminal Act, Act on the Protection of Children and Youth Against Sex Offenses, and Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes

- Special case concerning prescription of public prosecution for sex offenses against children and youth aged 13 years or older

· Although the Criminal Procedure Act stipulates that the prescription of public prosecution commences when the criminal action is completed, the prescription of public prosecution of a sex offense against a child or youth commences on the date the child or youth victimized by the relevant sex offense reaches the age of majority (Article 252(1) of the Criminal Procedure Act and Article 20(1) of the Act on the Protection of Children and Youth Against Sex Offenses).

· The prescription of public prosecution for rape, quasi-rape, indecent act by compulsion, etc. against children and youth is extended by 10 years if there is DNA or other scientific evidence to prove the offense (Article 20(2) of the Act on the Protection of Children and Youth Against Sex Offenses).

· The prescription of public prosecution do not apply to the following sexual crimes (Article 20(4) of the Act on the Protection of Children and Youth Against Sex Offenses):

√ Killing another or causing death of another by rape, etc (limited to killing another by rape) and production/importing or exporting of child or youth exploitation materials stipulated in the Criminal Act, Act on the Protection of Children and Youth Against Sex Offenses, and Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes