What evidence should I gather to report dating sexual violence?

Dating sexual violence, going beyond a mere conflict between lovers, is a forcible sexual act against the victim's will, and it may constitute rape or a forcible indecent act under the Criminal Act.

This is because Article 297 of the Criminal Act provides that a person who rapes another through assault or intimidation is punished by imprisonment for a definite term of three years or more, while Article 298 provides that a person who commits an indecent act against another through assault or intimidation is punished by imprisonment for not more than 10 years or a fine not exceeding 15 million won, as these penalties are stipulated.

Therefore, even in a romantic relationship, if physical contact or sexual intercourse was carried out by force when the victim's refusal was clear, a serious offense may be established.

However, in order to prove such an offense, securing evidence is key.

In practice, the materials commonly used are as follows.

① Medical records immediately after the harm

: A medical certificate and test results issued by an obstetrics and gynecology department, an emergency room, or a medical institution dedicated to sexual violence

② KakaoTalk, text, and messenger records

: Content in which the perpetrator admits to the offense, or threatens, cajoles, or apologizes

③ CCTV, location records, and card payment details

: Materials that can support the time and place of the incident

In addition, immediately after the harm, preserving evidence and receiving legal support through specialized institutions such as a Sunflower Center or a counseling center helps in the investigation and trial process.

Therefore, a victim of dating sexual violence should comprehensively secure as much evidence as possible to support their statement.