![]() ![]() The presumption of this Article is that, between an adult and a minor from 13 to 16, there is a huge gap in power, intelligence, and others so special protection of statutory protection is required. However, if you are an adult over 19 years old, you shall not have a sexual relationship with a person under 16 years old. According to this article, if you are over 16 years but under 19 years old, then it is not a crime to have sex with a person who is over 13 but under 16 years old. This clause stipulates 1) an adult over 19 years old 2) having sexual intercourse or acting indecently as a crime. In addition to this, there is Article 305 (2), which is quite an interesting clause. Children of that age are too young to defend themselves and exercise the right of sexual self-determination. From the perspective of Korean law, children of this age are too young and immature to understand the meaning of sexual intercourse and other similar acts.Ģ) As we have mentioned above, this is to plug up a loophole. There are a few solid reasons for this Article.ġ) At the age of 13(international age, not “Korean age”), the victim must be at a middle school in 2nd grade in Korea or under. In Article 305 (1), if you have sexual intercourse with a person who is under 13 years old, your action of sexual intercourse shall be deemed as rape. Moreover, “deemed” in this context does not accept any refutation (in case of being “presumed,” you shall be presumed as something other without any proof, but you can overturn the presumption by proof). Moreover, as minors are young and immature so do not have enough capability of defending themselves, so some may want to take advantage of this loophole and make excuses such as, “they wanted this,” “we love each other,” or “the victim did not refuse (so I thought we had an agreement).” At this point, the “statutory clause” comes to plug up the hole.įirst, what does “statutory” mean? It means that your actions shall be legally “deemed” as something other, regardless of what really happened. This may lead to a conclusion that, if violence or intimidation is not involved in sexual intercourse, then it is not rape. Fundamentally, it requires violence or intimidation for the completion of a crime. (2) A person 19 years of age or older who has sexual intercourse with or commits an indecent act on another who is 13 years of age or older but under 16 years of age shall be punished under Article 297, 297-2, 298, 301, or 301-2. (1) A person who has sexual intercourse with or commits an indecent act on another who is under 13 years of age shall be punished under Article 297, 297-2, 298, 301, or 301-2. – Using fraudulent or threat of forceĬriminal Act, Article 305 – Statutory Rape and Indecent Acts with MinorĬriminal Act, Article 305 (Sexual Intercourse or Indecent Acts with Minor) Criminal Act, Article 305 – Statutory Rape and Indecent Acts with Minor. ![]()
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