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Marital rape in Korea - the debate heats up
May 4, 2005
Discussion has started in earnest about a possible introduction of the crime of
marital rape in Korea's criminal code. A policy coordination committee of the
Uri Party met Monday to discuss the issue, saying it will submit in May a
revision to the nation’s domestic violence law making marital rape a punishable
offense. The Grand National Party in February also said it would seek such a
provision.
So why is there such heated debate over the issue? Those calling for the
criminalization of marital rape say that even between man and wife the
individual’s right to choose should be sacrosanct. "The right to choose
sexually is a basic right and violating that right by force is rape," lawyer
Bae Geum-ja says. Denying the existence of marital rape, advocates of changer
say, is a patriarchal concept. Women’s groups believe legislation is necessary
as the number of forced sexual acts between separated couples or couples
undergoing divorce are on the rise. The Seoul District Court in August said the
rape law applied to a husband who tied up his wife and sexually assaulted her.
Opponents of change say criminalizing marital rape would go against Korea's
family and legal system. “Couples have an obligation to agree to their
partner's sexual demands," says attorney Ha Chang-woo. Some opponents warn that
an accusation of marital rape could be misused and lead to a higher divorce
rate and the destruction of families. The Supreme Court has handed down several
decisions since the 1970s refusing to recognize marital rape.
But observers believe the law is now more likely than ever to change since
there is agreement between the ruling and opposition parties.
Politicians and lawyers believe the application of a marital rape law would be
strictly limited. They say it would not apply where one side simply says they
do not want to have sex. “It’s commonly felt there needs to be violence or
threats serious enough to overcome opposition," a presiding judge from the
Judicial Research and Training Center said. "It would be difficult for marital
rape to exceed the scope of this principle.”
Bae Geum-jae said, “In the case of the United States, which introduced marital
rape legislation 20 years ago, the law has been adopted in a restricted fashion
for special situations like forced sexual acts between couples undergoing
divorce, long-term separated couples, and acts of violence.”
Meanwhile, the ruling party’s amendment gives the police officer dispatched to
a domestic abuse scene the authority to isolate an offender for 48 hours
without prior court permission. It also allows victims of domestic violence to
claim living expenses from the assailant.
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