일본 개정형법의 비동의간음죄에 관한 검토

While South Korea has been unsuccessful in introducing the offense of non-consensual adultery into its criminal code despite much discussion, Japan has recently done so. The revision to Japan's criminal code comes just five years after the country's most comprehensive overhaul of sexual offenses in 110 years in 2017. Although Japan's revised criminal code adopts the passive consent model of No Means No, it clarifies the requirements for non-consent in great detail. This is very topical for Korea, as it differs from the United States, the United Kingdom, and Germany, which have been modeling non-consensual adultery. Specifically, quasi-forced sexual intercourse and forced sexual intercourse were combined and made into a non-consensual adultery offense. Accordingly, it clarified that sex crimes are established in various cases, including existing assault and intimidation, loss of mind and body, and inability to resist. It not only clarified that sexual offenses can be committed between spouses, but also expanded the scope of 'sexual intercourse' to be similar to rape and similar rapes in Korea. These amendments were discussed in a very systematic manner, with review groups and legislative committees set up to discuss them professionally, and the realities of the crimes and the views of the victims were actively reflected in these discussions.