Statutory Rape of a Minor

Under the Criminal Act of the Republic of Korea, statutory rape applied only to sexual acts with a child under the age of 13.

This was a provision that punished such acts as rape on the basis that, regardless of the victim child's consent, the age of under 13 in itself meant the child had no right of sexual self-determination.

However, in the wake of the so-called “Nth Room case” in 2020, as the seriousness of digital sexual exploitation crimes targeting teenage youths gained social consensus, discussion of raising the statutory rape age began in earnest.

The National Assembly passed an amendment to the Criminal Act on April 29, 2020, and it was promulgated on May 19 of the same year.

As a result, statutory rape can now be punished not only with respect to those under the age of 13 but also with respect to youths aged 13 or older and under the age of 16, expanding its scope.

In other words, where an adult aged 19 or older has a sexual act with a youth aged 13 or older and under the age of 16, they will be punished for statutory rape even if there was consent.

The following acts are also all recognized as sexual violence.

-Having a sexual act by force when I did not want it is clear sexual violence.

-Touching, rubbing, or sucking areas covered by a swimsuit, such as the genitals, chest, buttocks, or stomach, when I do not want it all constitutes sexual violence.

-Even with another part of the body, if I felt I was being used to satisfy the other person's sexual desire, that too is sexual violence.

-Showing one's own body parts or demanding to be touched when I do not want it is also sexual violence.

-Even words rather than actions, making unpleasant jokes or teasing about sexual body parts or sexual acts is sexual violence.

-Showing explicit videos or obscene material is also sexual violence. This includes not only showing it by force, but also showing it by exploiting the curiosity of a child or a person lacking the capacity for judgment.

-Even if a child has consented on their own, an adult or older youth inducing sexual conduct is sexual violence..

-Accordingly, even if there was a child's consent, where an adult or older youth engaged in sexual conduct together, it is regarded as sexual violence.

We will examine case examples of statutory rape of a minor.

1. A case in which a sentence of imprisonment was imposed for sexually assaulting a runaway youth while sheltering them

A, who was indicted on charges including statutory rape of a minor for sexually assaulting a runaway youth while sheltering them, was sentenced to 3 years and 6 months of imprisonment.

The court stated, "The defendant concealed his age, approached the 15-year-old victim, and, while aware that the victim had run away from home, sheltered the victim without reporting to the police and even had sexual relations," adding, "Having sexual relations to satisfy his own sexual desire with a victim who was still physically and mentally immature and thus unable to exercise a genuine right of sexual self-determination carries a high degree of blameworthiness."

2. A case in which an acquittal was rendered despite a charge of sexual relations with a middle school student

A, a man in his 40s, was indicted on a charge of statutory rape of a minor for having sexual relations with a middle school student victim he had met on a chat app.

A countered that there had been no sexual relations at all.

The issues in the case were whether sexual relations had actually occurred and whether A was aware that the victim was a minor.

However, another person's DNA was detected on the victim's clothing, and the court found that it could not rule out the possibility that the victim had confused the defendant with someone else, and rendered an acquittal.

Statutory rape is a matter with significant social repercussions that the courts assess strictly.

From the suspect's perspective, one should respond through the following steps.

1. Avoid hasty statements

A hasty admission during the initial investigation should be avoided.

It is advisable to make a statement carefully after comprehensively organizing matters such as one's awareness of the other party's age, whether consent was given, and the content of conversations.

2. Proving a mistake as to the victim's age

If the victim represented themselves as an adult or as being 16 or older, secure supporting evidence such as social media conversation records and statements from third parties.

3. Securing circumstances indicating consent

It may also be possible to argue voluntary consent through videos, messages, movement routes between locations, and the like.

4. Emphasizing the absence of a criminal record and an attitude of remorse

Whether it is a first offense, the likelihood of reoffending, completion of education, and participation in treatment programs are also factors in sentencing.

▶Mitigating factors

-If the degree of the indecent act is relatively minor
-Voluntary surrender or the victim's wish not to have the offender punished
-Mental or physical weakness, or a hearing or speech disability, etc.
-A repeat offense of the same type that does not fall under the Act on Aggravated Punishment of Specific Crimes or a repeat offense of a violent crime
-Passive participation or an offense committed under coercion by another
-No prior criminal punishment
-Sincere remorse and substantial recovery of the harm

▶Aggravating factors

-Sadistic or perverse conduct, or causing extreme sexual revulsion
-Multiple victims, and a repeated or continuous offense
-An offense committed in a specially protected place (e.g., a school, child protection facility, etc.)
-Pregnancy, gang rape, or instigation of a subordinate
-An offense committed by a mandatory reporter or a person working at a protection facility
-If a mandatory reporter of child abuse commits a crime against a child
-A premeditated offense
-Multiple acts of sexual intercourse on the same occasion
-Exploitation of a relationship of personal trust (a teacher, guardian, etc.)
-Causing secondary harm (provided that, where a separate offense such as coercion is established, it is treated separately)

These sentencing guidelines present the reference range for a custodial sentence, and in practice a suspended sentence, a reduction of sentence, or aggravation may be applied broadly depending on the credibility of the victim's statement, the suspect's attitude, prior record, and
whether the harm has been recovered.

A victim child and their guardian may report and obtain legal protection in the following ways.

1. Report immediately to 112 or a specialized child protection agency

A sex crime may be reported to the emergency line 112, the prosecutors' office, the women's emergency hotline, or other agencies.

2. Statement assistant and recorded statement

For the psychological stability of the child, it is advisable to record the statement on video and to have a statement assistant accompany them.

3. Protective measures such as a restraining order against the offender

At the request of the victim and their guardian, the court may order provisional measures such as a prohibition on approach and a prohibition on communication.

In addition, a child or youth who has suffered sexual violence may receive various forms of state support to recover from the physical and psychological shock.

Not only the victim themselves but also family members and others around them may receive assistance together, and practical protective measures such as medical expenses, psychological treatment, and admission to a protection facility are in place.

1. Support for medical expenses and psychological treatment

To help a child or youth victim of sexual violence recover, the State provides counseling and treatment programs through counseling facilities or medical institutions dedicated to sexual violence to persons such as the following.

-Eligible recipients: the victim, guardians, siblings, students at the same facility or school, cohabiting family members, etc.
-Scope of support: support for medical costs, diagnosis of injuries and psychiatric diagnosis, psychological treatment, and counseling for parents

2. Support for admission to a victim protection facility

A victim of sexual violence or their family may, if certain requirements are met, be admitted to a protection facility for victims of sexual violence.

-Admission requirements: consent of the victim or guardian, and necessity as determined by the counseling outcome
-Scope of support: temporary protection, referral to treatment, support for social reintegration, legal support, etc.

3. Judicial procedures and other support

-Legal aid and attorney referral support for criminal and civil litigation, claims for compensation for harm, and the like
-Protective measures such as a prohibition on approach and a prohibition on communication to prevent secondary harm

In cases of statutory rape of a minor, because the victim's age and whether consent was given do not, as a matter of law, serve as grounds for exemption from liability, establishing an early response strategy is key.

From the victim's perspective as well, receiving protective measures and legal support from the early stage of the case is an important factor in future recovery and the prevention of secondary harm.

At Daeryun Law Firm, attorneys experienced in sex crimes and in criminal matters form a task force response team and develop a response strategy based on proof of the facts and a review of the legal principles.

The firm also operates a psychological counseling center, supporting not only the legal response but also the recovery process.

If you are in a situation where you are under investigation for statutory rape of a minor or need to respond, please confirm the issues in your case and the response strategy through a 🔗legal consultation booking with an attorney experienced in sex crimes.

Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), provides trust-based legal services.