Gov't pushes to raise consent age to 16 from 13 in fight against sexual exploitation

A protester holds up a sign that reads "From Nth Room to Prison" at Jongno Police Station in Seoul, March 25, as Cho Ju-bin, the primary suspect in the infamous sexual-abuse case, is taken to a nearby police van. Korea Times photo by Koh Young-kwon

By Jung Min-ho

Ruling party agrees to raise age of consent to 16 in fight against child sexual abuse

2020-04-23 14:46 | Law & Crime

A college student, 20, who had been indicted on charges of child sexual abuse, was acquitted last year by a Daejeon court that ruled that his girlfriend, 14, clearly gave consent to sexual activity.

But how old is old enough to consent to sexual activity? In Korea, it is only 13.

After the Nth room sexual-abuse scandal, which involves dozens of victims, including minors, the Ministry of Justice said last week it will push ahead with legislation to raise that age to 16.

"We should admit that the government has not done enough to eradicate sexual crimes," the ministry said. "We need a major policy change."

The age of consent is that at which a person is considered mature and competent enough to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person under that age cannot legally claim it was consensual and he or she may be charged with child sexual abuse or rape.

Korea has long been criticized for keeping the legal benchmark too low. Korea is one of few major countries where adults can engage in sexual activity with 13-year-olds as long as it is "consensual." In Finland and New Zealand, the benchmark is 16; in California, it is 18.

Critics in Korea say that in too many cases it creates an opportunity for sex offenders to exploit young girls because they know that they can later claim it was consensual to avoid liability.

The ministry will also press ahead with legislation to reveal the personal information of everyone who is convicted of possessing sexual videos involving children under a certain age. Currently, information ― such as names and photos ― of criminals in that category is not disclosed, unlike those who are found guilty of violent sex crimes.

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