부산대학교 도서관

Since the White Rose Movement in 2010, Chapter 16 of the Criminal Code－Interference with Sex Liberty has increasingly drawn the public attention. Among it, Article 221 of the Criminal Code－the crime of forcible rape is the most essential part. Such questions “How to interpret Article 221?” “Which legislative model is more applicable to Article 221?” are complicated. Therefore, the standard of judgement of such questions and the penalty boundary of Article 221 could not be elaborated in short. Both academics and the practice field claim distinctively to the interpretation of sex crime, and neither of them reached a consensus within. Currently, some argue that it should be focused on victims’ will, and others emphasize the various force methods adopted by the sex offenders, both views are reasonable. Discovering the truth is one of the key purposes of criminal proceedings, the goal of which is to avoid wrongful convictions and missed judgments. In this essay, protecting legal interests is just as important as preventing miscarriage of justice. Additionally, this essay seeks to strike a balance between the guarantee of the right of sexual self-determination and the prevention of injustice through legal interpretation and legislative design. Therefore, this essay details and analyzes the views of judicial practice and scholars thereby weighing their pros and cons. Then, the author discusses Japanese Criminal law, with opinions of Japanese judicial practice and academia. It is hoped that the Japanese legislative examples will provide a reference for our legislative design. I would be honored if this essay is of any help to the legislative design of sexual crimes.