성폭력범죄 관련 법률의 문제점과 개선방안

Sexual Violence which destroys the victim’s conscience and soul has been rising in its number. Moreover, its appearance and its outcome have been getting serious and cruel. Some measures and criminal justice systems on the sexual violence were devising in related authorities but these were not estimated proper criminal policies to prevent sexual violences. The definition of sexual violence is not getting clear and is causing the imbalance of punishment too. And the criminal protection system of sexual violence’s victim is pulling back. Special act’s legal punishments related the sexual violence become increasing, which means breaking the balance of Criminal Justice System. As problems and improvements of act related sexual violence, first, the quick legislation relying on the public opinions is a big problem. Every case of crimes which the media are reporting, can influence the judgement and consideration of the National Assembly, Government Authorities and so on. Criminal justice system relying on the public opinions should stop. Second, the additional punishment in general criminal law, because of application of special criminal law, gives rise to criminal justice systemicity. The components of sexual violence like rape, sexual harassment and so on in criminal law should be revised and some regulations in special criminal law should be in criminal law. Third, extension of sexual violence’s definition should stop and the definition of sexual violence and sexual custom should be distinguished. Fourth, the double jeopardy which means community notification, electric bracelet, chemical castration, can be a big problem too and should need a thoughtful consideration. Fifth, criminal policy which focused punishments and observations could cause the problems of sexual victim protection. Therefore, it is needed that the justification and effectiveness should be guaranteed when the criminal systems on sexual violence could be adopted. Also, the definition of sexual violence should be clear.