Punishment for Dating Violence

Although dating violence is frequently committed by men against women, violence between romantic partners is regulated as dating violence regardless of gender, and it is subject to punishment for dating violence.

The number of reported dating violence offenses has increased continuously over the past three years.

It shows the pattern of a serious offense that extends beyond assault to unlawful confinement and intimidation, and experts have pointed out that the very fact that it is not recognized as a crime, because of the “special nature of relationships between romantic partners,” is itself a problem.

According to counseling statistics from the Korea Women's Hotline, 53.2% of all violence-victim counseling cases involved a former or current romantic partner or spouse as the perpetrator.

In addition, according to National Police Agency data, the age groups of perpetrators were, in order, those in their twenties (36.8%), thirties (25.6%), and forties (17.9%) .

A suspect in a dating violence case should organize the circumstances at the time of the incident in detail.

It is important to record when and where what occurred, along with one's own conduct and the other party's conduct, together with the time, place, and circumstances.

In this process, one should objectively assess whether one used violence and how one responded to the other party's conduct.

For a suspect to prove that he did not use violence or that he had no intent, it is important to secure the relevant evidence in a systematic manner.

Based on the facts and the evidence, the suspect should prepare a defense argument so that he can assert that he did not use violence or that there was a justifiable reason.

He should clearly organize the differences between the other party's assertions and his own position, and prepare to explain these effectively before the investigative authorities or the court.

In an urgent situation, the victim can report the matter by calling 112.

When it is difficult to speak, a text-message report is possible, and a report can also be filed through the ‘112 Emergency Report’ or ‘Smart People Report’ application.

Through these various reporting methods, the victim can quickly request help on her own.

To respond effectively to a dating violence case, prompt and systematic collection of evidence is necessary.

The victim should collect as much relevant material as possible that can prove the harm suffered, and keep it safely.

In addition, medical records and a medical certificate concerning bodily wounds or injured areas can serve as important evidence, so it is advisable to visit a hospital promptly to receive treatment and a medical certificate.

① Deciding Whether to File a Criminal Complaint

For a dating violence victim to proceed with a criminal complaint, she should first carefully decide whether to file.

Even where evidence is insufficient or there is no witness, the victim's specific and consistent statement is very important to the progress of the case, so it is advisable to organize the circumstances of the case and the details of the harm as accurately as possible.

② Preparing and Submitting the Complaint

If preparing the complaint alone is difficult or the procedure feels complicated, the victim can receive help at a police station's civil affairs office or at a counseling agency.

The complaint is submitted to the police station or prosecutors' office with jurisdiction, and it should set out in detail the circumstances of the case, the facts of the harm, and the evidence secured.

③ Responding to the Investigation and Questioning

Once the complaint is received, an investigation and questioning are conducted by the police or the prosecutors' office, and the victim should state the facts truthfully during the questioning.

④ Settlement Offers and How to Respond

During the investigation, the suspect may propose a settlement, but whether to settle should be judged carefully, and if there is a coercive demand or unfavorable condition, it is important to obtain legal advice.

A dating violence victim can claim damages through civil litigation.

Civil litigation is, separately from criminal punishment, a procedure for receiving monetary compensation for physical and psychological harm.

The victim proves the loss suffered through the perpetrator's assault, intimidation, unlawful confinement, and similar acts, and demands compensation for it.

The firm includes a number of attorneys, and it provides comprehensive legal services in dating violence cases, ranging from responding to the investigation to filing civil claims for damages.

If you are facing difficulties related to punishment for dating violence, you may request the assistance of a criminal attorney.

※ If you are the suspect

※ If you are the victim