2 Penetrative sexual assault and indecent assault
The Act Partially Amending the Penal Code (Act No. 72 of 2017) came into effect in July 2017. Changes were made to the Act to revise rape to forcible sexual intercourse, widen the definition of rape prior to its amendment so that it made no distinction based on the victim’s sex, and include anal and oral intercourse (hereinafter vaginal intercourse, anal intercourse or oral intercourse are referred to as “sexual intercourse”). The Act also raised the minimum statutory penalty, newly established indecency and sexual intercourse by a person having custody of a victim under the age of 18, and changed forcible sexual intercourse and indecency through compulsion into a crime indictable without a complaint.
The Act Partially Amending the Penal Code and the Code of Criminal Procedure (Act No. 66 of 2023) came into effect on July 13, 2023, and as a result, indecency through compulsion and constructive indecency through compulsion, and forcible sexual intercourse and constructive forcible sexual intercourse were integrated into indecent assault and penetrative sexual assault, respectively.
In addition, the penalties were also revised, such as making it possible to punish a person for the crime of indecent assault and penetrative sexual assault if the person commits an indecent act or sexual penetration against a victim between the ages of 13 and 15, and was born more than 5 years before the date of the birth of the victim.
Fig. 1-1-2-2 shows the trend in the number of reported/cleared cases and the clearance rate for Penetrative sexual assault (including rape and quasi rape prior to amendment in 2017, forcible sexual intercourse, constructive forcible sexual intercourse, rape, quasi rape and sexual intercourse by a custodian rape after amendment in 2017 prior to amendment in 2023, forcible sexual intercourse, constructive forcible sexual intercourse, rape, quasi rape and sexual intercourse by a custodian after amendment in 2023; the same applies hereinafter).
Fig. 1-1-2-2 Penetrative sexual assault: reported/cleared cases and clearance rate
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Fig. 1-1-2-3 shows the trend in the number of reported/cleared cases and the clearance rate for indecent assault (including indecency through compulsion, constructive indecency through compulsion prior to amendment in 2017, indecency through compulsion, constructive indecency through compulsion and indecency by a custodian after amendment in 2017 prior to amendment in 2023, indecency through compulsion, and indecency by a custodian after amendment in 2023; the same applies hereinafter).
Fig. 1-1-2-3 Indecent assault: reported/cleared cases and clearance rate
