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III. Quasi-Rape (준강간)
According to Article 299 of the Criminal Act, the punishment for “Quasi-Rape” is imprisonment for a definite term of at least three years. An attempt to commit this crime is also punishable (Article 300). “Habitual offenders” may face more severe punishment (Article 305-2). In order to qualify as “Quasi-Rape”:
1) A person has to engage in sexual intercourse with another person
2) By taking advantage of his or her state of unconsciousness or inability to resist
3) With the intent to commit “Quasi-Rape.”
This crime specifically requires the perpetrator to take advantage of the victim’s “state of unconsciousness or inability to resist” as a means to engage in sexual intercourse. For the purposes of this crime, “state of unconsciousness” includes loss of consciousness caused by sleep or intoxication. “Inability to resist,” meanwhile, refers to other situations where the victim was unable to resist due to physical or psychological factors.
FYI: If the rapist was the one who drugged the victim, the crime would be “Rape,” not “Quasi-Rape.”
Article 299 of the Criminal Act applies to “Quasi-Rape” cases where the victim is at least nineteen years of age. When the victim is between the ages of thirteen and eighteen, the Act on the Protection of Children and Juveniles from Sexual Abuse takes precedence. Meanwhile, when the victim is under the age of thirteen, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes takes precedence. In accordance with these laws, the perpetrator could face life imprisonment if the victim is a minor.
When “Quasi-Rape” is perpetrated by “carrying a deadly weapon/dangerous object” or “jointly with another person,” the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes takes precedence. The crime becomes “Aggravated Quasi-Rape” (특수준강간), and the perpetrator(s) could face life imprisonment.
When this crime is perpetrated against a disabled person or a relative, the punishment is more severe as well.
Certain sex offenders may be required to wear an ankle monitor or be sentenced to chemical castration. At the same time, the sex offender’s personal information may be disclosed on the internet.
DAMN THAT DADDY IS A DADDY