Blog, Criminal

In the eloquent yet troubling words from Vladimir Nabokov’s “Lolita”: “Lolita, light of my life, fire of my loins. My sin, my soul. Lo-lee-ta: the tip of the tongue taking a trip of three steps down the palate to tap, at three, on the teeth. Lo. Lee. Ta.” 

While one might entertain fantasies, it is imperative to understand that actualizing such notions in Korea would not only be morally reprehensible but legally unacceptable. Korea upholds the tranquility and safety of its minors through strict statutory rape (의제강간) laws, safeguarding them from any form of sexual exploitation.

Statutory Rape in South Korean Law

The notion of statutory rape is a legal instrument designed to protect the sexual autonomy of minors. It posits that, regardless of any purported consent, sexual relations with individuals below the age of consent are deemed non-consensual and thus, prosecutable. The pertinent laws under the Korean Criminal Act are as follows:

Criminal Act, Article 305 (Sexual Intercourse or Indecent Acts with Minor):

① A person engaging in sexual intercourse or committing an indecent act with an individual under thirteen years of age shall face repercussions as stipulated under Articles 297, 297-2, 298, 301, or 301-2.

② An individual over nineteen engaging in sexual intercourse or committing an indecent act with a person aged between thirteen and sixteen shall also face legal consequences under the Articles 297, 297-2, 298, 301, or 301-2.

Looking at each articles mentioned in the above article, Article 207 is about rape (강간), Article 297-2 is about imitative rape (유사강간), Article 298 is about indecent act by compulsion (강제추행), Article 301 is about inflicting or causing another’s bodily injury by rape (강간상해, 치상), Article 301-2 is about killing another or causing death of another by rape (강간살해, 치사). In other words, if the victim is a minor, the perpetrator will be punished in the same manner as each of the above crimes, even if the victim consented to the sexual relations.

Age-specific Legal Consequences

The legal consequences of the perpetrator depends upon the ages of both the victim and the perpetrator:

• Victims under the age of 12: Regardless of the perpetrator’s age, perpetrators will be subject to statutory rape charges.
• Victims aged 13 to 15: Perpetrators under the age of 18 are exempt from charges, but those aged 19 and above are prosecutable.

c. Victims aged 16 and above: Once the victim is over 16, there will be no charges of statutory rape based solely on age, though other criminal charges may apply depending on the circumstances, such as rape or sexual assault under duress.

Civil Liabilities and Other Repercussions:

Even in the absence of criminal conviction, one may still be held accountable under civil law for wrongful conduct, including sexual exploitation of a minor. For instance, a case involving a stationery store owner who initiated a sexual relationship with a female middle school student under the guise of gifting stationery was not criminally prosecutable but was deemed sexual exploitation, infringing upon the minor’s right to sexual autonomy, thus leading to a court-mandated compensation to both the victim and her parents.

If you would like to gain more extensive knowledge about sexual crimes against minors, please refer to the following article.