Celebrity revelations raise issue of marital sexual abuse

Forcing or threatening spouse into nonconsensual sex constitutes rape, legal experts say

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After a series of recent revelations of unwanted sexual behavior within marriages surrounding South Korean celebrity couples came to light, these allegations have raised issues about the accountability of spouses in cases of marital sexual abuse.

FT Island's Choi Min-hwan is at the center of a controversy after his ex-wife, Yul-hee, opened up in a 37-minute YouTube video posted on Oct. 24 that he would allegedly "fold cash in half and place it in my cleavage in front of family members" and "touch my private parts" in front of them without her consent while he was under the influence.

He then came under fire for objectifying his wife and disregarding her sexual autonomy.

"I thought it was a type of affection when he touched my private parts in front of my then-mother- and father-in-law," she said.

In another case, Jeju Provincial Police police on Monday said that officials had launched an investigation into a marital sexual abuse case involving former KBS broadcasters Park Ji-yoon and Choi Dong-seok.

This comes after local news outlet Dispatch reported on a text message conversation between the two, who are currently filing for divorce, in which Park asked Choi if she should tell their child that "their dad tried to rape their mother."

Choi pushed back, saying that such interactions "could happen between spouses." Park responded by saying "Rape is still recognized between married couples."

Choi has since faced criticism for paying no heed to his wife's sexual consent.

In a step toward recognizing women's rights to sexual autonomy, South Korea's Supreme Court in May 2013 recognized marital rape as a crime for the first time. Upholding a lower court's verdict, the nation's top court confirmed a prison sentence of three years and six months for a man convicted for forcing his wife to have sex with him by threatening her with a lethal weapon.

Previously, the Supreme Court had only recognized spousal rape in cases when divorce was pending or the marriage no longer had a functional relationship.

Also, the country's Act on Special Cases concerning the punishment of sexual crimes stipulates that a person who commits a crime prescribed under the Criminal Act by taking advantage of a consanguineous or marital relationship shall be punished by imprisonment.

Marital rape is recognized as a crime in Western countries such as the United States, Germany and France. In a 2006 report, the United Nations said that marital rape was then criminalized in over 100 countries.

While marital conflict cases have raised eyebrows, legal professionals have pointed out that marriage does not grant blanket consent for any sexual behavior, adding that it could lead to legal consequences.

"If a spouse threatens or uses force against the wife or husband to engage in a sexual activity, it constitutes rape. However, the sentences given in such cases could differ depending on the gravity of the issue and the specific circumstances of each case," Min Go-eun, an attorney specializing in sex crimes, told The Korea Herald on Wednesday.

"In cases where there were only attempts of a sexual assault, it could be considered as an attempted rape, which means that unwanted sexual penetration has been forced upon a victim without success," the attorney explained.

In an interview with SBS on Monday, attorney Moon You-jin also said that marital rape or sexual assault can be punished under the country's criminal law.

By Park Jun-hee(junheee@heraldcorp.com)