It would be unjust to criticize the Korean legal system as being insensitive to the pains of victims of sexual violence. Significant improvements have been made in the past few years to support the victims. In 2011, due to the Dogani syndrome raised by Gong Ji Young, a new law was passed to increase the maximum years of imprisonment for sex offenders. Also, the statute of limitation, a system that sets a limited period of time for a person to file a case, was abolished regarding sexual violence against the disabled. In 2013, the law that limited sex offenders to be prosecuted only if the victim actually pressed charges was also dropped.

 

However, further sensitivity is required to properly assist the disabled victims. Usually, those with psychiatric, developmental, or intellectual disabilities are most vulnerable to sexual crimes. In sexual offense cases, consistency in the testimony is the most important factor in indicting sex offenders as there is often no witness, due to the nature of sexual harassment. However, those with intellectual disabilities are often unable to fully explain what had happened to them.

 

To complement this problem, a testimony analysis system for minors or the disabled was implemented in 2007. In 2013, mediators who guide and help with communication of the disabled or minors were allowed in court. Nowadays, minors and the disabled can communicate electronically without having to face the offenders. The camera for recording their testimonies is usually located above their heads, shielding their identity and protecting their privacy.

 

However, in the case of intellectually or mentally unstable people, facial expressions may describe their pain and situation better than their actual words. Merely listening to a recording is drastically different from actually displaying the facial expressions of the victims. A picture, or in this case a video, could be indispensible.

 

Of course, some people may argue that showing the faces, in order to share the facial expressions of the victims, would be further demeaning the victims. Their privacy would be further violated by displaying their faces in the open. However, often times in order to show sincerity, the victims have to show up in court. Thus, with the consent of the victims or their guardians, a change in the current system should be reviewed. Diversifying the method of testimony depending on the degree and type of disability is also crucial.

 

In addition, further education of the judicial workforce about the characteristics and ways to communicate with the disabled is vital. Currently, there is a chronic shortage of experts in both the police forces and prosecuting offices that are specialized in dealing with disabled sexual harassment victims. Establishing programs and seminars, to educate the current workforce to better understand the disabled, is another important step that must be taken. As it will be realistically difficult for the current workforce to fully become experts in this field, employing experts from outside as consultants would be a reasonable strategy.