South Korea has raised the age of consent for sex to 16 from 13 as it seeks to
strengthen protection for minors; following accusations the existing law on sex
crimes was too weak. In 2019, the number of arrests for sexual assault amounted to approximately 22.7 thousand cases in South Korea.
Why South Korea Raised Age Consent?
South Korea had a law that allowed adults to have sex with anyone above 13,
which has now been raised to 16, keeping in mind the growing sexual abuse
cases. Under the revised law, adults who have sex with under-16-year-olds will be prosecuted for child sexual abuse or rape regardless of any alleged consent.
Previously, teenagers aged 13 or older were held to be legally capable of
consenting to sex, resulting in controversial cases and critics saying that sex
offenders were escaping without punishment due to the low benchmark.
Despite its economic and technological advances, South Korea remains a
traditional and patriarchal society, where victims of sexual assault have been
shamed for coming forward. The amended law also eliminated statutes of
limitation for sexual crimes against minors under 13.
When the Law was Passed?
The latest development of law came after South Korea's ruling Democratic Party on April 23 agreed to raise the age of consent from 13 to 16. The Ministry of
Justice had earlier said a 13-year-old is not mature enough to consent to sexual
acts and proposed the raising of age at which a person is legally considered old
enough to consent.
The Ministry of Justice in a statement said that the age of consent was raised
from 13 to 16 in a bid to ;protect children against sex crimes at a fundamental level.
In 2017, call for raising the minimum age of consent grew after a 47-year-old man was found not guilty of raping a 15-year-old girl on the grounds that she had
consented. But now it has been changed for good, and under the newly revised
law, any adult who will have sex with under 16-year-old will be punished
regardless of having consent or not.
Neuroscience and Psychosocial Evidence about Teenager’s Maturity
Though the age of consent varies from 12 to 21 worldwide, some experts argue
that anything below and up to 18 as an age of consent disregards how teenagers
think. According to Jennifer Drobac, a consent law expert states that “We now know that the teenage brain does not finish maturing until sometime in the mid-20s.
Neuroscience and psychosocial evidence confirms that teens can make cognitively
rational choices in ‘cool’ situations like when they have access to information,
face little pressure, and possibly have adult guidance. Teens make decisions
differently in ‘hot’ situations that involve peer pressure, new experiences, and no
time for reflection.”
Teenagers should not have sex until they are mentally matured about the act and
its consequence. Teenager who are not aware of sex and its precautions, will lead
to major problem which may spoil their entire life and career.
Written By - Reshma Madhini
Edited By - Vanshu Verma
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