WUNRN
South Korea = Republic of Korea
01-18-2009
South
Korea - Marital Rape - Court Ruling on Marital Rape as Crime
A husband or a wife can no longer go unpunished for coercing his or her spouse
into sexual relations. In fact, Korean society has so far tolerated forced sex
in married life. But a local court made a landmark ruling Friday, recognizing
marital rape as a crime for the first time here. The ruling is unquestionably
designed to better protect spousal right to have sex or not.
The Busan District Court convicted a 42-year-old man of raping his 25-year-old
Filipino wife, sentencing him to a suspended 30-month prison term. The husband,
identified as Lee, said he will appeal to a higher court, claiming that his
wife had tenaciously refused to have sex with him. It remains to be seen whether
his appeal will be accepted or not. In 1970, The Supreme Court overruled a
guilty verdict in a similar rape case.
The ruling on spousal rape also draws special attention from foreign wives
mostly from China and Southeast Asian countries, many of whom have to endure
domestic violence and other rights abuses from their husbands. The decision
reflects this dire situation and growing calls for the better protection of
rights of foreign spouses at multicultural households. It seems that the court
has also given much consideration to the changing times in this globalized
society.
In many Western countries such as the United States, Britain, Germany and
France, marital rape constitutes a crime. The United Nations said in 2006 that
marital rape is a prosecutable offense in over 104 countries. But the ruling is
expected to touch off a heated debate as Korean society is still divided over
this issue. Thus, it is necessary for the nation to build a consensus on
spousal rape.
The focal point is a right to sexual self-determination. The court decision
indicated that this right should be respected among married couples so that a
husband or a wife can have sex with his or her spouse at his or her own will.
In other words, married couples cannot coerce their partners into sexual
intercourse against their will.
We have to bear in mind the district court's position that marital rape is
against a constitutional right to lead decent life and pursue happiness as it
damages a spouse's personality and human dignity. In this regard, we hope that
the decision will put an end to spousal sexual violence and bring a significant
change to the male-dominant patriarchal family system. We also expect that the
court action will serve as an opportunity to better protect human rights of
foreign wives who have come here to realize their Korean dream.
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