Dating abuse means one-sided violence or a threat between lovers. Representatively, it includes physical violence such as assault, confinement, and murder or non-physical violence such as verbal abuse, neglect, monitoring and control, and threats. Since it usually occurs between lovers, there are many cases that are not reported to the police. Also, it sometimes can’t be reported to the police because of fear of revenge. For this reason, dating abuse is the most common crime in Korea. There were 56,079 people suspected of dating abuse in the last 5 years. Dating abuse is increasing every year and has risen from 9,823 incidents in 2019 to 13,939 in 2023. However, the actual imprisonment rate is low. Among the 56,079 suspects of dating abuse in the last five years, only 2.21% of them have been imprisoned.
Most of the victims killed by lovers are women and the murder usually happens when ending the relationship. In April this year, Kim, who lives in Geoje Island, visited his ex-girlfriend’s house and brutally killed her because she drank alcohol with other people than him. Additionally, the statement that Kim regularly assaulted his ex-girlfriend is verified. The victim reported the abuse to the police 11 times, but the police released the suspect. Like in other cases, the victim was a woman. In May, a man named Choi killed his girlfriend with a weapon on the rooftop of a building in Gangnam. Choi was planning to commit suicide because his girlfriend wanted to break up. When he tried to commit suicide on the roof, she came to help him, but she was killed instead.
There is a big controversy about the level of punishment for some crimes, especially obvious murder cases. In January 2023, a man in Yeongwol County stabbed his fiancee 191 times and killed her when she insulted him by saying, "Are you disabled?" He was sentenced to 17 years in prison in the first trial. It created a big controversy in society because the sentence was too light compared to the cruelty of his crime. In July 2021, there was a woman who argued with her boyfriend in Mapo-gu, Seoul. When the fight increasingly grew fierce, her boyfriend slammed her head into the wall and she was hospitalized. Unfortunately, she died of a brain hemorrhage. In this case, he was sentenced to only seven years in prison.
How do these domestic cases compare to those in foreign countries? In the United Kingdom, Clare’s Law is the “Domestic Violence Disclosure Scheme”, which was enacted in 2014. It is the institution that provides the right to request information about a lover or spouse’s past violence. Looking at the background of this legislation, the victim, Clare Woods was murdered by her ex-boyfriend, George Appleton, in 2009. She didn’t know about his violent tendency and was caught off guard. This incident shocked British society, and many people including her dad demanded a change to the legal system. As a result, Clare’s Law was enacted, and it provides the right to know whether one’s lover has had a violent tendency in the past and focuses on preventing dating abuse. The main content of this law is the right to request information about a lover’s past information from the police, and it allows for additional victim protections such as a restraining order. In the United States, since the prohibition on stalking was first enacted in California in 1990, stalking criminal punishment laws are in effect in 50 states now. Because of these laws, there are strong grounds for arresting and prosecuting stalkers, and victims can be protected. In 1994, dating abuse was included in the Violence Against Women Act, which uses obligatory arrest and restraining orders, and in 2000, the law was strengthened to improve the protection of victims of dating abuse, immigrants who suffered family violence, and victims of sexual violence. Among these, the strongest legal protection is obligatory arrest. In other words, the perpetrator must be arrested and completely separated from the victim. Last, in the case of Australia, victims are allowed to receive help from the police, and physical violence, stalking, and violent threats were also included as crimes related to dating abuse. The perpetrator is restricted from contacting the victim for 72 hours after the police order is invoked. If approached, the police may arrest the perpetrator or prosecute them. In addition, police allow the perpetrator to be released on the condition of a restraining order until the perpetrator appears in court. In comparison, Korea unfortunately doesn’t have laws that are directly related to dating abuse yet. Recently, the prosecution introduced a strikeout system for dating abuse and they said that it would impose unconditional punishment on perpetrators who have committed dating abuse in the past. However, there is criticism that it may leave room for a second conviction of dating abuse and that it is not a fundamental solution. It is possible to punish perpetrators under criminal laws such as Article 260 (violence), Article 283 (threats), and Article 366 (property damage). However, the fact that there is no direct law related to the crime of dating abuse yet is causing an increase in dating abuse.
Pharos did a survey of Kyonggi University students regarding the seriousness of dating abuse. A total of 52 students answered the questionnaire. The survey asked how many students were exposed to dating abuse, and whether they knew the recourse available for dating abuse. Surprisingly, to the question, “Have you had experience with dating abuse or heard that your friends suffered due to dating abuse?”, 18 students (35%) answered “Yes.” To the question, “Have you had experience of being forced into one-sided physical affection?”, 13% of students answered “Yes.” Regarding the question, “Have you had experience of serious surveillance and control by the other person?”, 23% of students answered “Yes.” Furthermore, 10% of students responded “Yes” to the question, “Have you had experience of verbal violence with your boyfriend or girlfriend?” In addition, 7% of students answered “Yes” to the question, “Have you had experience of suffering physical assault by physical work?” It is clear to see that people should understand that dating abuse can happen all around us and that many people suffer from dating abuse. However, 50% of students answered that they did not know about the recourse available for dating abuse. Dating abuse is a severe problem, but the majority of students don’t know what to do when they suffer from dating abuse.
So what do students think about dating abuse sentences? As mentioned, over the last 5 years, there have been around 50,000 dating abuse suspects, but the imprisonment percentage was only 2.21%. In addition, in the case that happened in Geoje Island last June, the autopsy revealed that the victim was murdered, but the suspect was sentenced only for the crimes of injury, housebreaking, and stalking. Many people were upset because he killed a person but he was only sentenced to 3 years’ imprisonment. Therefore, people criticize the lenient sentences of dating abuse and they demand amendments to the laws regarding dating abuse and increasing punishment. Pharos asked Kyonggi University students what they think about dating abuse sentences. As a result, 44 students answered that they were too light, giving various explanations: “Sentences were light, so it is hard to protect the victim… Dating abuse is violence that leads to trauma but sentences are light… I was a real victim of dating abuse and the sentences are light… I think it is natural to strengthen punishment… If people report it to the police, their lover may cause a problem, so the police tend to be defensive… Suspects tend to get revenge on their victims but the punishment is too light… This crime is psychologically harmful, so the punishments must be strengthened.” Lastly, to the question of “Did you worry about your safety when breaking up?”, 25 students (48%) said “Yes.” Almost half of the people were afraid of breakups.
People attack their lovers, giving the reason that they do it “because they love them”. This defines what dating abuse is. Dating abuse is violence and it records a much higher secondoffense rate than other crimes because of its continuous and repetitive nature. It is the case that victims cannot recognize dating abuse. It is commonly regarded as a “love quarrel”, so it is often not considered a serious problem in society. The intimacy of the crime can lead to severe shock. Furthermore, dating abuse is so dangerous because if victims feel love again, they may come back to the suspect. No matter how much they love their lovers, dating abuse is not a normal way to show their love. If the violence incurs a risk, people should search for legal protection and ask for help from reliable family, friends, or experts. Asking for help from experts and seeking out punishment is the best solution. If you are exposed to dating abuse, asking someone is a better path than trying to solve it by yourself. Dating abuse is not a love quarrel; it is a crime.
79th Reporter • CHO SEO YUN • jeoyum@gmail.com
80th Reporter • KIM YU JIN • yujinkim627@gmail.com
81st Reporter • CHOI MIN SEOP • choi2005120@gmail.com