The Ministry of Justice's study group, which has been discussing the appropriate punishment for sex crimes, has set specific provisions such as means of crime in the constituent requirements such as compulsory sexual intercourse, and if the victim is a child, delays the statute of limitations. I have presented a draft report asking you to consider.
A study group of the Ministry of Justice, which is composed of victims of sex crimes and experts, is proceeding with discussions toward reviewing the criminal law so that appropriate punishment can be realized based on the actual situation of sex crimes and the psychological state of the victims. The draft report was presented on the 12th.
According to this, regarding sexual offenses, although it was agreed that sexual acts against the will of the person were subject to punishment, the constituent requirements of crimes such as forced sexual intercourse were reviewed and only the victim's "no consent" was given. He points out that there are still issues to be solved, and asks him to consider establishing specific rules such as the means of crime and the condition of the victim.
In addition, in the case where a child suffers damage, the statute of limitations is established for sexual crimes in which the victim has not reached a certain age, considering that the awareness of sexual activity is insufficient and it is difficult to report the damage. He points out that concrete measures should be considered so as to delay.
And, in the current interpretation of the law, it is generally accepted that even a spouse can commit a crime such as compulsory sexual intercourse. ), We are requesting a new provision to clearly indicate the establishment of the crime.
The report of the study group is expected to be compiled as early as next month, but the conclusions have been postponed on many issues, and the Ministry of Justice will consider necessary revisions to the law in the future. I will consult with the Legislative Council.
Background of the discussion
The current criminal law was amended four years ago in response to the voices of victims of sex crimes.
The name that was previously "rape crime" has been changed to "compulsory sexual intercourse crime", the minimum statutory sentence has been raised from 3 years to 5 years, and the victim can be prosecuted without accusation. It led to severe punishment.
The Appendix of this amendment criminal law, in light of the actual situation, such as the damage of the prospect to sexual crimes three years from enforcement, consider the measures in line with the actual situation, has been incorporated is take the necessary measures.
Based on this supplementary provision, this study group was set up under the direction of the Minister of Justice, and consisted of 17 members, including victims of sex crimes, clinical psychologists, and psychiatrists.
From June to 12th last year, we held 15 meetings and conducted hearings from related parties on themes such as "sexual damage of children", "sexual damage of sexual minorities" and "sexual damage from teachers". , We have been discussing how to achieve appropriate punishment based on the actual situation of sex crimes and the psychological state of victims.
Report content and future flow
The draft report summarizes the direction of future studies and the background of the discussions on 11 issues.
Among them, regarding the constituent requirements of crimes such as forced sexual intercourse, whether to review the provisions such as assault and intimidation, raise the age at which consent to sexual activity, which is now 13 years old, can be judged, and whether to raise the age. Examinations were made on whether to abolish or extend the statute of limitations such as forced sexual intercourse.
Of these, there was no dissenting opinion and a certain conclusion was reached regarding the fact that the law clearly states that sex crimes can be committed even for spouses.
On the other hand, regarding many other issues, since the opinions were divided among the committee members, it was stated that "further consideration should be made", and it was only to indicate the direction of future consideration and points to keep in mind. It is in the form of postponing.
Based on the discussion on the 12th, the study group will formally compile the report as early as next month.
The Ministry of Justice has decided to consult with the Legislative Council after considering necessary legal revisions based on the report of the study group, and it is expected that conclusions on many issues will be left to discussions at the Legal Council. ..