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Sexual violence at home
Landmark ruling enhances wives' rights
August 23, 2004
The Seoul Central District Court Friday made a landmark ruling on sexual
violence at home when it delivered a guilty verdict to a husband for having sex
with his wife against her will. It is the first time in the nation’s history
that a husband has been convicted of sexually assaulting and raping his wife
since the Constitution was promulgated in 1948.
The husband was charged with beating and raping his wife with her hands bound
in September 2002, receiving a 30-month prison term suspended for three years.
When the incident occurred the wife was demanding divorce. The couple finally
divorced in July.
In its revolutionary decision, the court said that although sex is part of the
duties of married life, infringing on a wife’s right to choose whether to have
sex with her husband or not could not be condoned.
The court recalled a similar case which was rejected by the Supreme Court in
1970 on the grounds that rape charges could not be established between a
married couple no matter what circumstances. The court said that the highest
court’s decision ought to be reviewed because marital relations have rapidly
changed since 30 years ago, as have all other social norms.
The verdict is certain to be a step in the right direction toward correcting
the time-old misconception in our male-dominant society that a wife is part of
her husband’s property.
Naturally, women’s rights promoters and other civic activists enthusiastically
greeted the ruling by saying that a wife’s rights to decide whether to have sex
or not should be respected as it is in advanced countries.
But there are also some people who are apprehensive that wives who want to
divorce might be encouraged to file similar suits against their husbands.
Regardless of negative opinions, the court’s ruling reflects the general
public’s feeling that regulations on conjugal sex ought to be addressed in such
a way to drive out sexual violence at home.
Most people are of the opinion that a healthy marriage between parents
substantially contributes to improving children’s education both at home and
school, and also sharply reduces juvenile crime.
Needless to say, a husband and wife are required to respect each other’s rights
and opinions, and cooperate in taking care of home affairs so as to maintain a
harmonious married life.
The historic ruling should also serve as momentum to ferret out adult sexual
harassment of children and teenaged girls.
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