개정형법상 강간죄 및 유사강간죄 해석·입법론

This research studies the legal and political meaning of the 2012 amendment of the Korean Criminal Code for the crimes of rape. According to the article 297 of the Code, the victims of the rape shall be both men and women. Under the new Article 297-2, the offence of sexual assault by penetration is defined as follows: If a person with force or threat, penetrates to anus or mouth of the victim with his or her genitals, or penetrates to genitals or anus of the victim with part of his or her body, such as fingers, to be known as the offence of sexual assault by penetration. The recent reforms of the law of rape has expanded its protection by re-definition of the rape victims, considering social appeal to the better and effective protection for women and children against sexual violence. The aims of rape law reform should be the effective protection of sexual autonomy of the women and children, and thus the further reform of Criminal Code as well as special criminal laws on sex offences should be taken into account.