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

通过本研究，对我国强奸、猥亵犯罪的现状进行了调查，探讨了法律应如何对其进行完善，并对《儿童卖淫相关惩罚法》、《家庭暴力预防法》、《跟踪条例》、《人口贩运罪》等犯罪行为进行了考察，考察了我国强奸、猥亵犯罪的法制状况。人们开始认为，它应该比以前更严厉地惩罚性犯罪。这是性犯罪法定刑加重的原因之一，性犯罪不应被视为“侵犯性自决的犯罪”或“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，如已经颁布的《关于惩治儿童卖淫的法律》、《预防DV法》和《跟踪条例法》。对强奸罪的严厉处罚也是因为还从更温暖地照顾女性受害者的角度制定了特别法，在性犯罪中按照刑罚处罚罪犯是很重要的。然而，在对罪犯进行审判之前，帮助受害者与惩罚一样重要。

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.