Stalkers should be punished regardless of victims' consent: experts

The labor union of Seoul Metro pays a silent tribute to the murder victim at a press conference held in front of Seoul City Hall, Sept. 20. Korea Times photo by Wang Tae-suk

Rule of no punishment without victims' consent responsible for many deaths, activists say

By Lee Yeon-woo

The Sindang Station murder case has been an awakening moment in Korea. It revealed that stalking victims are left without proper protection. The suspect, a 31-year-old man, allegedly killed a 28-year-old female subway station worker while he was on trial without detention after the victim pressed charges on him for stalking.

The brutal murder case raised a red flag. The current law, which prohibits the prosecution of offenders if the victims do not consent, has drawn the ire of the public. Calls are growing to remove this regulation to better protect the victims.

Experts say the lack of punishment without victims' approval is highly problematic in two ways. First, it allows stalkers to harass and chase victims once again by encouraging the settlement of cases. In addition, the police are often reluctant to intervene in cases and encourage offenders and victims to reach a settlement and end the case faster.

"It is possible that stalkers abuse the regulation and think it is the victims who decide their punishment. That belief makes stalkers approach the victims again and again. They might even grow angry when victims don't agree to a settlement," said Kim Jeong-hye, a researcher at the Korean Women's Development Institute.

Graphic by Cho Sang-won

An anti-stalking law first took effect in Korea last October after 22 years of efforts by activists to enact it. It is the first law that enables punishment for stalkers with up to three years in prison. Thanks to this law, stalking reports made to the police and number of arrested stalkers have increased drastically. In only the first half of 2022, the number showed a fivefold increase.

Subway murder suspect gets 9-year prison term over stalking charges

2022-09-29 13:20 | Law & Crime

Before the legislation, stalking had long been considered a minor offense. Those who were found guilty of stalking crimes were fined less than 100,000 won ($70). Korean society had not taken stalking seriously because of the belief that it is part of a relationship.

People believed that a man who follows a woman is only trying to woo her, not harm her. So police would often encourage victims to reach settlements with their stalkers in the past, as many thought it was an overreaction to consider it a crime.

"In the workplace, you might encounter people saying that he did it (stalking, or other types of harassment) only because he liked her. There's even an old saying that 'A single stroke won't fell an oak.' This belief contributes to creating more stalking crimes," Kim Sang-gyun, former head of the Korean Association of Criminal Psychology and a professor of police science at Baekseok University, told The Korea Times.

A citizen pays tribute to the victim of a stalking murder at a memorial located in front of Sindang Station's women's room, Sept. 19. Newsis

However, activists and some lawmakers have long criticized this practice, urging society to take so-called "intimate crimes," such as domestic violence, dating abuse and stalking, more seriously.

Sex crimes were also prosecuted only after a victim's consent. But that practice was abolished in 2013 after perpetrators were increasingly seen harassing victims to reach a settlement.

Heather Flowe, a professor of psychology at the University of Birmingham in the United Kingdom, voiced concern about the practice of refraining from prosecuting stalkers without the victim's consent. "Requiring victims to press charges, especially ones that are vulnerable and being intimidated by the perpetrator, is highly problematic," she said.

The U.K. government enacted Stalking Protection Orders (SPO) in 2020 prohibiting stalkers from contacting their victims, and a violation can result in up to five years of imprisonment, Flowe told The Korea Times. In addition to the orders, courts are also able to impose an interim SPO to provide immediate protection for victims while a decision is being made.

Police and prosecutors meet to discuss countermeasures for stalking crimes at the Supreme Prosecutors' Office in Seoul, Thursday. Korea Times photo by Choi Joo-yeon

Amid public outrage over the stalking murder case at Sindang Station, the government and police agencies have released a set of measures to protect victims. The Ministry of Justice promised on Sept. 16 to abolish the prosecution of criminals based on a victim's request as soon as possible. The government and the ruling People Power Party (PPP) agreed Thursday to review more than 2,000 stalking cases reported to the police.

President Yoon Suk-yeol also made remarks Monday at a weekly meeting with Prime Minister Han Duck-soo, instructing him to root out stalking crimes by cracking down on the crime.

Song Ran-hee, co-representative of the Korea Women's Hot Line, said that it is regrettable for the government to announce the lifting of the flawed regulation after it created so many victims.

"Policymakers had not done anything about stalking, but they are trying to do something only after several victims lost their lives which infuriated society. This is very regrettable," she said on a radio show. "But doing it now is better than never. So I would encourage them to go for it as soon as they can."