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Supreme Court hit for failing to protect sexual crime victims


A civic group yesterday accused the Supreme Court of being chauvinistic in sexual violence cases and launched a campaign against gender discrimination in the nation`s highest court.

"Until now, the Supreme Court has shunned the credibility of victims` testimony, neglected some aspects of sexual violence cases, and failed to protect victims` rights and to change wrong perceptions of sexual violence," said Lee Mi-kyung, director of Korea Sexual Violence Relief Center, the nation`s biggest counseling center for victims of sexual offences.

She said the Supreme Court`s rulings are extremely significant for the country as they greatly influence guidelines in legal procedures, such as prosecutors` indictments and lower-court verdicts. However, Lee said the top court has been insensitive about the issue of sexual violence.

"The court should realize how many victims have suffered under its own `objectivity` in judicial procedures," Lee said.

The center said it will convene workshops for legal professionals and publish a monthly booklet for people in legal circuits to help them understand the reality of sexual crime.

It said it has counseled over 53,000 victims of sexual violence in the last 15 years, but only 13 to 15 percent of those were "brave enough" to appeal to the court, with most of cases being "unfairly treated." "The objectivity of the legal professionals, mostly men, is actually based on the male-dominated society, which does not acknowledge the experience and feelings of female victims," said Cho In-sup, an attorney.

Cho pointed out that Korean criminal law has a very limited definition for rape.

"If a woman cannot prove that she was fighting to the death, the court refuses to recognize it as a rape case," Cho said.

Lee said society treats victims of sexual assault with much suspicion and criticism, questioning whether they actually brought the incident on themselves or even enjoyed it.

Only 6.1 percent of suspects are charged with sexual violence, and only 43 percent are indicted, the center said.

Lee also said the Supreme Court disregards cases like sexual abuse of the disabled, which requires proving absolute resistance against the suspect, of women raped by their husbands, and of young children. She said the court does not recognize children`s testimony as evidence due to a lack of consistency.

"There was a case of a woman who became a quadriplegic after she fell from a 3-story motel as she was escaping from a man who was raping her. The Supreme Court acquitted him of the charge of injuring by misadventure, saying he did not expect her to jump off the balcony," Cho said.

The center defines sexual violence as any physical, verbal, and psychological behavior which infringes upon women`s rights to decide their sexual behaviors. It says sexual violence is not limited to rape but extends to sexual harassment, child molestation, indecent exposure and stalking.

"I think there should be changes in the Prosecutors` Office," said Kang Ji-won, a lawyer. "Even if the Supreme Court wants to make changes in its rulings, it can`t happen unless prosecutors actually indict suspects."