성적 자율성과 스텔싱(Stealthing)의 입법론에 관한 고찰

Stealthing is the act of pretending to use a condom and not actually using it, or damaging or removing the condom during sexual intercourse. Stealthing violates sexual autonomy. Stealthing also exposes victims to the risk of unwanted pregnancies and sexually transmitted infections. Sexual autonomy is now a protective legal interest in sexual offenses. Stealthing that violates reproductive autonomy and bodily autonomy needs to be criminalized. Many countries, including the United States, do not criminalize stealthing. On the other hand, in Canada, the UK, Switzerland, Germany and Singapore, stealthing is punishable. In California, USA, stealthing is a civil unlawful act in its Civil Code. South Korea does not penalize stealthing. However, in the stealthing case, there is a case where a Korean court recognized liability for civil damages. A bill to punish stealthing has also been submitted to the Korean National Assembly. Stealthing is a crime that violates a victim's sexual autonomy and needs to be punished. For the legislation of stealthing, it would be appropriate to classify the fraud and punish stealthing as a crime of rape by fraud. It is to legislate the crime of rape by fraud by classifying the fraud such as fraud in nature of act, identity fraud and stealthing. In the case of enacting legislation individually, it would be appropriate to stipulate it in special laws such as the Sexual Violence Punishment Act.