Korean & Australian Marital Rape notes

Korea has an active sex trade ?¢‚Ǩ‚Äù both online and off. According to the Korean Institute of Criminology, the amount spent on prostitution alone amounted to $23.6 billion in 2002, the last year for which figures were available.

Maritial Rape

http://english.chosun.com/w21data/html/news/200505/200505020032.html

Rape in marriage, a difficult crime to prove and a horrible crime.
It did not even occur to me that it would not be a crime!

Discussion has started in earnest about a possible introduction of the crime of marital rape in Korea’s criminal code

Opponents of change say criminalizing marital rape would go against Korea’s family and legal system. ?¢‚Ǩ?ìCouples have an obligation to agree to their partner’s sexual demands,” says attorney Ha Chang-woo. Some opponents warn that an accusation of marital rape could be misused and lead to a higher divorce rate and the destruction of families. The Supreme Court has handed down several decisions since the 1970s refusing to recognize marital rape.

Politicians and lawyers believe the application of a marital rape law would be strictly limited. They say it would not apply where one side simply says they do not want to have sex. ?¢‚Ǩ?ìIt?¢‚Ǩ‚Ñ¢s commonly felt there needs to be violence or threats serious enough to overcome opposition,” a presiding judge from the Judicial Research and Training Center said. “It would be difficult for marital rape to exceed the scope of this principle.?¢‚Ǩ¬ù

Bae Geum-jae said, ?¢‚Ǩ?ìIn the case of the United States, which introduced marital rape legislation 20 years ago, the law has been adopted in a restricted fashion for special situations like forced sexual acts between couples undergoing divorce, long-term separated couples, and acts of violence.?¢‚Ǩ¬ù

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In every country in the world, women are victim/survivors of violence in the home. Research indicates that in Australia, more homicides occur in marriages than in any other relationship (Wallace, 1986;83).

One estimate is that violence occurs in somewhere between one in three and one in ten families ( Mugford, 1989:3).

Many of these women have lost confidence in the criminal justice system. They are also adversely affected by prevailing negative community attitudes towards women who are subjected to violence at the hands of a man with whom they have been intimate. For many in our society, the myth has survived that a man has the right to rape his wife through the existence of a marriage contract.

However all States and Territories have now abolished the old Common Law presumption that a man cannot be convicted for raping his wife, by enacting legislation which makes rape in marriage unlawful.

Rape Of Adults
http://www.secasa.com.au/index.php/family/16/18

..Twenty-six countries, including the Philippines, now have laws to prosecute marital rape. Canada and Australia passed such laws in the1990s. Namibia, Mexico, Ecuador, and Honduras enacted similar laws recently. Sweden has a marital rape law since the 1970s, but it has been rarely enforced.

The laws now cover a range of different forms of abuse of power used to force sexual acts. Rape is defined as occurring when someone does not agree to penetration (to any extent) of the vagina, mouth or anus by a penis, or by another part of the body such as a finger or tongue, or other object, into the anus or vagina. (Vagina includes the external genitalia and surgically constructed vaginas). Failure to withdraw upon becoming aware that a person might not be consenting is also rape. In no case where rape is charged is it necessary to have an emission of semen.

Definition Of Consent

Consent means free agreement. Circumstances in which a person does not freely agree to an act include where:

* a person submits because of force, or is afraid of the use of force against her or someone else (including forms of harm other than * physical force)
a person submits because of fear of harm of any type to that person or someone else:
a person submits because of being held captive (which is also against the law);
a person is asleep, unconscious, or so drunk or under The influence of another drug as to be incapable of freely agreeing
a person does not understand the sexual nature of the act;
a person is mistaken about the sexual nature of the act or about who the person is who is performing it;
a person believes mistakenly that the act is being performed for medical or hygienic purposes.

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