고령(高齡)의 성폭력 범죄 피해자를 위한 형사 정책

This article discusses on the criminal justice policy in a way to effectively deter sexual crimes against the elderly. Currently, the sexual abuse against the elderly which is included in the definition of elder abuse has attracted some attention from media. Its prevention policy, however, has not been much discussed due to social prejudice against elderly sexuality. Not only people but also law enforcement officers such as crime investigators tend to see old people as asexual. This paper aims to devise some strategies to enhance the reporting rate of the elderly who are sexually assaulted by strangers in some cases or intimate persons such as spouses or health care professionals. To this end, this article reviews the systematic approach the U.S. has taken where sexual abuse cases are dealt in the scope of elder abuse and suggests some developmental measures as follows. First, punishment for perpetrators who sexually abused the elderly must be strengthened in a way to send out strong messages to society. Second, the scope of mandatory reporting must be extended to include officials or professionals such as law enforcement officers, postal officers, and fire-fighters. Third, a consolidated approach must be adopted based on a control tower such as ‘the Elder Justice Coordinating Committee’, and a coordinated response team such as ‘the Elder Abuse Forensic Center’ in the U.S. Finally, there must be a guideline and training manual for investigation and prosecution authority specialized in elderly sexual abuse cases.