초록 열기/닫기 버튼
To the increase in violent sexual crimes, abolishing Antragsdelikt and no punishment against will in the sexual crimes has been a suggested solution. The senate has passed the 5 related laws in November 11, 2012. Antragsdelikt is the inability to punish without the consent of the victim, which resulted in making a heavy crime such as sexual crime into a personal problem that could lead to a secondary damages such as threatening the victim for consent. This paper will look into and organize the backgrounds behind establishing the Antragsdelikt and no punishment against will, their pros and cons, the evaluation of their abolishment, and their nature. The concept of Antragsdelikt in sexual crime was explained to analyze the previous law and explore ways for improvements. Foreign laws have also been analyzed and compared with the domestic laws to lead to an appropriate revision. This research seeks to analyze the relationship between the state and the victim in the theoretical, rational backgrounds of the policies and its effect. Even with these measures, sexual crime is continually increasing, proving that law is not enough to prevent them. The fundamental causes of the ineffectiveness in the laws will be analyzed to find the gaps in the system.
키워드열기/닫기 버튼
Antragsdelikt, no punishment against will, secondary damages, violent sexual crimes
