There has been a lot of discussion about the concept or degree of violence and threat of rape or forced harassment, but sexual assault by penetration have not received much attention in criminal law interpretation theory other than discussions at the time of legislation. Sexual assault by penetration were established in the sense that applying sexual harassment to similar sexual acts by dividing the types of sexual infringement into adultery and harassment into rape and forced harassment does not sufficiently reflect the reality of sexual violence crimes and does not protect the right to sexual self-determination. Accordingly, the types of sexual violence crimes have changed from a dichotomous system to a three-classification system: rape, sexual assault by penetration, and forced harassment. However, most of the degree of assault or intimidation in sexual assault by penetration is based on that of rape. However, regarding the existing strict interpretation of the degree of assault and intimidation in sex crime regulations, it can be seen that the criteria for judgment are changing according to the protection of the sex crime punishment regulations called the right to sexual self-determination and the awareness that it will not be able to properly respond to today's sex crime types. Apart from legislative theory, the fact that the essence of sexual self-determination infringement lies in ‘lack of consent’ needs to be considered in interpreting the meaning of ‘assault or intimidation’ under the current law. Therefore, it can be considered to understand the degree of assault and intimidation of sexual assault by penetration as a concept that is intermediate between the crime of forced harassment or rape and the crime of forced harassment.
Jeong Yeon Kim (Tue,) studied this question.