Lover wielding a weapon... Neither punishment nor prevention of 'dating violence' is sufficient

Dating violence occurs in ‘intimate relationships’
In some cases, agreement is made out of fear of retaliation from the perpetrator.

There is a need for enactment and revision of laws to address the special nature of dating violence.


[Asian Economy Reporter Lee Joo-mi] # In 2018, a man in his 30s murdered his lover with whom he lived in Gwanak-gu, Seoul. This man has already been investigated by the police four times in total for continuously assaulting his lover, Mr. A. He was also investigated on charges of assaulting Mr. A and trying to set his house on fire a month before the murder. The police applied for an arrest warrant for the man, but the court dismissed the warrant on grounds such as the victim, Mr. A, not wanting to be punished. The man was released, and a month later he ended up stabbing Mr. A with a weapon.

Unlike general violent incidents, dating violence occurs in intimate relationships, such as between lovers. There are cases where the victim is 'gaslighted' while being assaulted and hopes for a settlement or leniency. Gaslighting is a psychological term that refers to an act of harm that causes the other person to be unable to make rational decisions through continuous psychological domination. In this case, the perpetrator may continue to assault and eventually lead to a terrible murder.

In addition, because they are close friends, the perpetrator knows a lot of personal information such as the victim's home address, so the victim cannot readily report it to the police for fear of retaliation. As a result, some point out that related laws need to be revised to effectively prevent dating violence and increase the effectiveness of punishment.

One of the special characteristics of dating violence that the current law (criminal law) does not address is the ‘intimacy between the perpetrator and the victim.’ As in the previous case, dating violence is considered assault unless it is a special case. Assault is a 'crime of impunity against will' and cannot be punished if the victim does not want to be punished. From the victim's perspective, it is not easy to demand strong punishment because the victim is in a romantic or intimate relationship, and the released perpetrator ultimately has the potential to commit more terrible assaults or even murder.

Another problem is that, unlike general assault, in dating violence, the perpetrator and victim are close and are likely to know each other's homes and workplaces. For this reason, there are many cases where the victim agrees out of fear of retaliation from the perpetrator. In the end, proper punishment cannot be achieved through agreement between the perpetrator and the victim.

Jeju KBS analyzed the rulings of dating violence cases in Jeju from 2016 to 2020 and found that out of 31 cases, about half of the victims reached an agreement with the perpetrator. At the time, the director of the Jeju Women's Counseling Center pointed out that "(the perpetrator) knows all of the victim's personal information, so there is fear of secondary (victimization)."


As a result, dating violence can easily be repeated against the same victim, and the accumulative assaults can lead to bigger tragedies such as murder. The ‘Dating Violence Three Strikes Out System’ introduced in 2018 is a measure to strengthen punishment that takes into account the characteristics of dating violence.

The three strikes and out system is a system that handles cases based on the principle of formal prosecution when dating violence is committed against the same victim three or more times, regardless of whether there was agreement with the victim.

However, there are concerns that the three strikes and out system also has limitations in punishment as long as dating violence continues to be treated within the current law. At the time of its introduction, Pyo Chang-won, a former lawmaker at the National Police University and former lawmaker of the Democratic Party of Korea, pointed out, "The three strikes and out system can only be a stopgap measure," and added, "As assault charges have no choice but to be applied to the simple criminal law, there is a limitation in that arrests or imprisonment for the first offense cannot be imposed due to fairness for similar crimes."

Since there is no separate law regarding dating assault, it is not easy to punish or prevent it. For example, if violence occurs in an intimate couple relationship, such as dating violence, emergency temporary measures can be taken by issuing a restraining order to the perpetrator in accordance with the Special Act on Domestic Violence. At this time, if the police determine that there is a risk of domestic violence recurring, it is possible to issue a restraining order.

However, the Special Act on Domestic Violence only regulates marital relationships and does not apply to dating violence. Victims of dating violence can also apply for a preliminary injunction. Instead, it is pointed out that because it requires a court judgment, it takes at least two months, making prevention less effective.

At a debate on the 'Act to Eradicate Gender Violence and Murder' held in July of last year, Shim Jae-guk, the representative attorney of Daeryun Law Firm, emphasized, "The special nature of dating violence cannot be accommodated by the existing criminal law and the Special Act on Sexual Violence," and added, "It is urgent to enact an independent bill as it takes at least two months just to apply for an injunction against access."

Because there are blind spots in the law, victims who have already suffered damage are exposed to greater risk. In July 2020, B, a woman who sued her boyfriend who forced her to have sex and assaulted her and broke up with her, suffered a retaliatory crime. At the time, the male perpetrator was arrested by the police, but released a few hours later. A few days later, he visited Mr. B with an electric shock gun and a weapon and brandished the weapon.

At the time, the victim reportedly received a smart watch for personal protection from the police, but was upset that it did not help at all. This is why an effective system must be established to protect victims from perpetrators.

Experts also emphasize the need for a system that takes into account the characteristics of dating violence. Jeong Hye-won, head of the women's policy research team at the Gyeonggi Family and Women Research Institute, said, "The current special law on domestic violence defines the scope of the family very narrowly," and suggested, "The scope should be expanded to include romantic partners, such as dating relationships, so that not only punishment but also support for victims is actively provided."

In addition, he emphasized, “Although many incidents of dating violence occur, there is still a lack of social policy or awareness of dating violence,” adding, “There must also be policies in place to prevent dating violence in advance so that it does not lead to more serious crimes such as murder.”

Reporter Lee Joo-mi zoom_0114@asiae.co.kr
 

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