Study on Rape and Indecent Assault - from the point of view oh the gender

通过本研究，调查了我国强奸和猥亵的实际情况，探讨了针对这些犯罪应如何完善法律。此外，关于犯罪行为，如惩罚与儿童卖淫有关的法律，家庭暴力预防法，跟踪管理法和贩卖人口罪，该委员会调查并审查了有关这些罪行的法律的制度状况，至于强奸和猥亵罪，2004年修订《刑法典》后，法定处罚加重。人们开始认为它应该比以前更严厉地惩罚性犯罪。性犯罪不应被理解为“侵犯性自主权的犯罪”，也不应被理解为“侵犯性自由的犯罪”，而应理解为“性暴力犯罪”。“对强奸的严厉惩罚与特别法律有关，如《惩罚与儿童卖淫有关的法律》、《防止家庭暴力法》和《跟踪管制法》。对强奸的严厉惩罚也是因为特别法的制定也是从更热情地照顾女性受害者的角度进行的。重要的是按照性犯罪的处罚来处罚罪犯。然而，在审判罪犯之前，向受害者提供援助与惩罚同样重要。

By this research, the actual condition of the rape and indecent assault in our country was investigated, and it was examined how law should have been improved to these crimes.In addition, about criminal acts, such as the Law for Punishing Act Related to Child Prostitution, Domestic Violence preventive Act, Stalking Regulation Acts, and a Human-Trafficking crime, it investigated and the state of the legal system about these crimes was examined.As for rape and indecent assault, the statutory penalty became heavy by criminal code revision in 2004. People came to think that it should punish more heavily compared with before to sex crimes. This is one of the reasons to which the statutory penalty of sex crimes became heavy.Sexual crimes should not be considered to be "the crime which infringes on sexual self-determination", or "the crime which infringes on sexual freedom", but should be understood to be a "sexual violence crime." Severe punishmentization of rape is connected with special law, such as the Law for Punishing Act Related to Child Prostitution, the Act for the Prevention of DV, and the Stalking Regulation Acts, having been enacted. Severe punishmentization of rape is also because establishment of special law was also performed from the view which is going to take care of a female victim more warmly.It is important to punish a criminal according to a punishment in sex crimes. However, before applying a criminal to a trial, it is as important as a punishment to give assistance to a victim.