• Title/Summary/Keyword: Sexual consent

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Determination of Alcohol Blackout and Insanity in the Sexual Crimes - Focus on the Supreme Court on 2018-Do-9781 Sentenced on Feb 4, 2021 - (성범죄에 있어서 알코올 블랙아웃과 심신상실의 판단 -대법원 2021. 2. 4. 선고 2018도9781 판결을 중심으로-)

  • Kim Doo Sang
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.103-131
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    • 2022
  • 2021, the Supreme Court recognized the foundation of the quasi-indecent act by force by the concept of 'alcohol blackout' although there were multiple situations that it was hard to judge insanity of the victims was evident in the cases with drunken victims. This means the consideration of insanity state due to temporary false memory rather than the total loss of mental capacity from the existing concept of insanity. However, the interpretation of insanity in the criminal law has to be strict and its application could be difficult. In particular, the comparison precedent which is very similar to the subject one was determined not to be the same with the state of the insanity or inability to resist during the sexual relation though the victim had the symptoms of alcohol blackout, denying the quasi-indecent act by force. This argument is determined to be logical remarkably, and insanity and quasi-indecent act by force should be discussed considering the medical review on the alcohol blackout of the victims sufficiently when determining the individual precedents. In addition, the most important point in the sexual crimes is the consent, and there may be possibility of negligence in case that uncertain consent is determined as the consent to continue the following act. Also, in case of uncertain consent or suspicious, universal determination not to follow the act should be able to realized. Therefore, strong evidence is required for criminality, determining that the victim is the state not to be able to do the normal judgment and the minimum willful negligence is existed that the accused uses this. In the subject ruling, the act of the accused has to be clearly punished, however, it is determined to be unreasonable for the punishment with the quasi-indecent act by force under the interpretation of the current regulations.

A Study on the Sexual Dysfunction for Diabetic Women (당뇨여성의 성기능 장애 조사연구)

  • Jin, Dong-Sun;Park, Jee-Won
    • The Korean Journal of Rehabilitation Nursing
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    • v.10 no.1
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    • pp.37-44
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    • 2007
  • Purpose: The purpose of this study was to investigate the sexual dysfunction of diabetic women in order to provide basic data contributed in nursing intervention. Method: A convenience sample consisted of 67 subjects with diabetes who attended outpatient department of 2 university hospitals. After verbal consent was obtained, subjects were asked to complete a questionnaire including BISF-W developed by Taylor et al. Data were collected from April 27 to May 22, 2006, and were analyzed by descriptive statistics, t-test, oneway ANOVA using SPSS 12.0 program. Results: This study discovered that the degree of sexual dysfunction of women with diabetes was high, and in particular that most of the women with diabetes did not have satisfactory sex life because of lack of vaginal lubrication, lower sexual desire, lower orgasm, and sexual pain. The test of differences in sexual dysfunction according to demographic and disease-related characteristics revealed that significant differences existed only with regard to menopause and age. Conclusion: As the sexual function of women varies widely among individuals, we would like to emphasize the importance of sexual counseling and education programs to improve the quality of life of diabetic women to prevent or relieve their sexual dysfunction.

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Health Factors Related to Management of Menopause among Climacteric Women (갱년기 여성의 폐경관리와 관련된 건강요인에 대한 연구)

  • Song, Ae-Ri
    • Women's Health Nursing
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    • v.11 no.1
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    • pp.12-19
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    • 2005
  • Purpose: This study was to identify the correlations between management of menopause, urinary incontinence and sexual satisfaction in climacteric women. Method: This study was conducted using a convenient sampling method in and around Jinju city, and each participant gave consent for the research. A total sample of 250 middle-aged women aged 40 to 60 years were chosen for the study, of which 157 women completed the questionnaires used for the analysis. Data was collected from Jan 1st to Mar 31st, 2004 by structured questionnaires (questionnaires for management of menopause, urinary incontinence and sexual satisfaction). Result: The characteristic variables significantly related to management of menopause were occupation and religion. The characteristic variable significantly related to urinary incontinence was age. The characteristic variables significantly related to sexual satisfaction were religion, economic status, and frequency of delivery. The relationship between management of menopause and sexual satisfaction was statistically significant with a positive correlation. Conclusion: It is hoped that the above findings will stimulate health promoting programs for climacteric women.

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A study on sentences of child and youth sexual crimes in south korea (한국의 아동·청소년대상 성범죄 양형분석연구)

  • Park, Yeon Ju;Han, Chang-Keun;Cho, Won Hee
    • Journal of the Korean Society of Child Welfare
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    • no.58
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    • pp.47-76
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    • 2017
  • This study aimed to examine how strictly child-related sexual crimes were sentenced in Korea. The target cases of the study included eight cases that were appealed to the Supreme Court between 2000 and 2015. The main findings of the assessment of the eight cases indicated that there were sentences with lower terms than laws regarding sexual crimes against children. While laws should be strictly applied to cases of sexual crimes against children, the level of penalty was found to be relatively generous compared to the applicable laws. In particular, the reason for the crimes, the lack of any history of sexual crimes by the perpetrator, the perpetrator's relationship with the child victim, forgiveness from the children, and regret of the perpetrator were found to reduce sentences. Comparatively, the exploitation of parent status, the accusation of the perpetrator, and the lack of mutual consent were factored in consideration of harsher sentences. The findings suggest that it is necessary to reexamine the levels of sentences related to sexual crimes against children.

A Structural Equation Modeling on Reproductive Health Promoting Behavior of Unmarried Women: Based on the Theory of Planned Behavior (계획된 행위이론을 기반으로 한 미혼여성의 생식건강증진행위 구조모형)

  • Ji, Eun Mi;Choi, So Young;Je, Nam Joo
    • Women's Health Nursing
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    • v.22 no.4
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    • pp.210-220
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    • 2016
  • Purpose: The purpose of this study was to construct and test a structural equation modeling on the reproductive health behavior of single women with sexual experiences. This study employed Ajzen's Theory of Planned Behavior (TPB). Methods: The data were collected after receipt of consent from 250 single women with sexual experiences, and analyzed using SPSS 18.0 and AMOS 18.0. Results: Model fit indices for the hypothetical model were suitable for the recommended level: $x^2=362.407$, RMR=0.065, RMSEA=0.070, GFI=0.867. TLI=0.927, CFI=0.938, IFI=0.939, and $x^2/dF=2.237$. Intention showed direct effect with the biggest effect being on reproductive health behavior. Attitude, subjective norm and perceived behavioral control were found to have a direct effect on intention. Among them, perceived behavioral control revealed the largest influence. Conclusion: This study suggests that the TPB is a suitable model in explaining the reproductive health behavior of single women with sexual experience. Strategic plans for educational and intervention programs should be aimed to encourage single women to engage in reproductive health behavior.

Factors Affecting Contraceptive Attitude of College Students (남녀 대학생의 피임태도에 미치는 영향요인)

  • Kim, Hyun Young
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.5
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    • pp.384-393
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    • 2019
  • This study was conducted to investigate the factors influencing the contraceptive behavior of male and female university students. Data were collected after receiving the written consent of 238 university students in G city during the period from September 22 to November 23 in 2017. Data analysis was performed using the SPSS PASW 18.0 program. The results revealed that 56.7% of the subjects used contraceptives, and 23.9% used condoms. Male students were more exposed to sexual content than female students (t=6.02, p=0.000) and had an open sexual attitude (t=5.38, p=0.000). Female students showed high scores on subjective norms (t=-3.51 p=0.000) and acceptable and positive contraceptive attitudes (t=-4.21, p=0.000). Among factors influencing the contraceptive attitude of males, the subjective norm was 3.6%. Female students had a 25.5% influence on contraceptive attitude, contraception, sexual education frequency, and sexual content exposure. It is suggested that sexual education and sexual counseling programs be developed to form positive attitudes toward contraceptives through iterative research.

Process of Coping with Mastectomy: a Qualitative Study in Iran

  • Fouladi, Nasrin;Pourfarzi, Farhad;Ali-Mohammadi, Hossein;Masumi, Atefeh;Agamohammadi, Masumeh;Mazaheri, Effat
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.3
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    • pp.2079-2084
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    • 2013
  • Background: Breast cancer is the most prevalent cancer among Iranian women and mastectomy comprises 81% of surgeries for treatment of breast cancer. Mastectomy may create feelings such as deformation or impairment in patients, cause body-image disorder, and reduce sexuality and sexual activity which in turn may entail mental disorders. The study aimed to elaborate coping processes. Materials and Methods: A grounded theory method was used in conducting this study. Twenty Iranian participants undergoing mastectomy were recruited with purposive sampling. An open, semi-structured questionnaire were developed. Obtaining consent, conversations were recorded and immediately transcribed after each session. Data analysis was carried out with the constant comparative method using the Strauss Corbin approach. Results: Analyzing the collected data, the study came up with seven main categories which affected the coping process in patients with breast cancer, namely: reactions to mastectomy; loss and death contest; reconstruction of evaluation system; consent for undergoing mastectomy; reactions and troubles after loss; confrontation of loss and health; and reorganization and compatibility with changes. Conclusions: The results of the study indicated: when patients become informed of their breast cancer and the necessity of undergoing mastectomy as the treatment, they probably pass through seven categories to adapt after mastectomy. Having insight about them is likely to contribute medical personnel in leading patients to the highest degree of feeling healthy.

The Child Sexual Assaults by Kin -The Experience of YoungNam District Sunflower Center for Prevention of Child Sexual Assaults- (친족에 의한 아동 성폭력 실태 - 영남권역 해바라기 아동센터의 경험 -)

  • Seo, Sun-Ki;Lee, Sang-Han
    • Journal of forensic and investigative science
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    • v.2 no.2
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    • pp.21-29
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    • 2007
  • News from the media on sexual assaults to children committed by natural fathers doesn't attract social attention any more. The number of crimes related to Child Sexual Assault(CSA) is increasing every year in spite of the "Special Act on Prevention of Sexual Assault in Korea". The YoungNam District Sunflower Center for prevention of Child Sexual Assaults(SC-CSA) was established in Daegu, June 2005. The YoungNam District SC-CSA provides forensic evaluation of physical evidence, medical and psychological treatment for the victims less than 13 years of sexual assaults simultaneously. This study carried out 36 cases of CSA by kin reported to YoungNam District SC-CSA, among 180 cases in total until December 2006 since its opening. Most of the victims were girls (32 cases). 28 cases (78%) were indecent assaults (78%) and 8 cases (22%) were rapes. The assailants were overwhelmingly males (35 cases). The assailants of 21 cases (58.3%) were identified as the victims' natural fathers. The incident locations were victim's residence (31 cases, 86.1%) and the victims had been sexually assaulted regularly for many years (25 cases, 69.4%). Considering the above research, we can conclude that CSA committed by kin has specific characteristics. CSA is not a one-time incident, but consistently occurring crime. However, in 22 cases (61.1%), the victim's guardian didn't want to report about it or punish the assailants. As the assailants were natural fathers or relatives of the victims, the other family members probably thought it might be shameful to reveal their wrong doings and would lead to defamation of their family's reputation. The SC-CSA provides the counseling and medical treatment to the victims with the consent of the parents. Due to the guardians' misjudgment, the incident is sometimes not reported to the police. By not reporting the incident to the police, the assailant freely commits other crimes, which multiplies victims. The legal Act of supporting the management of the SC-CSA is still not regulated, so the stability of the SC-CSA is not guaranteed, yet. Even though it is obligatory to report incidents to the police, some cases are still not reported. Currently, there are three SC-CSA centers : in Seoul, in Daegu, and in Gwangju. More centers need to be established to diminish CSA cases in Korea.

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Factors Predicting Condom Use for the Prevention of Sexually Transmitted Diseases among Sex Workers (성매매 종사자들의 성병감염예방을 위한 콘돔사용 예측요인)

  • Ahn, Yang-Heui
    • Research in Community and Public Health Nursing
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    • v.16 no.2
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    • pp.167-176
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    • 2005
  • Purpose: The purpose of this study was to identify factors to predict of condom use for the prevention of sexually transmitted diseases (STDs) among sex workers in a Korean community. The theoretical ground of this study was the Interaction Model of Client Health Behavior. Method: A descriptive, cross sectional and retrospective research design was employed in this study. A total of 100 sex workers who take a clinical check-up on STDs regularly at W Public Health Center were recruited by convenient sampling, and with consent to participate in this study. All of the measures were piloted, and the reliability of each scale ranged from 0.7 to 0.9. Data were analyzed using discriminating function analysis with SPSS-PC. Results: Five independent measures (partner preference for using condoms, subjects desire to prevent STD, age, type of relationship and sexual self-determination) contributed significantly to the best discriminating function. The discriminating function analysis resulted in correct classification of 83.1% of the respondents into their corresponding groups. Conclusion: Condoms are a main means of STDs prevention. Risk-reduction interventions that enhance communication skills and intrinsic motivation will be effective in increasing condom use to prevent STDs among sex workers.

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A study of factors influencing precocious puberty (조기성조숙의 관련 인자 연구)

  • Kim, Me-Wha;Lee, Sung-Kook
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.13 no.7
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    • pp.3123-3131
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    • 2012
  • The purpose of this study was to evaluate the timing of precocious puberty and the factors inducing precocious puberty in elemental school girls students of low grades. The 1st, 2nd, and 3rd grade 253 elemental girls students from the Goryong province were randomly selected, G and D elemental school. sexual maturation rate was assessed physical examination by the parents. After obtaining an informed consent, a questionnaire was administered to the parents; sexual maturation rate was assessed by self physical examination, eating habits, lifestyle and home background were evaluated to determine the factors that induced precocious puberty. The data were statistically analyzed. We selected 253 girls: The total percentage of the precocious puberty was 26.1%. 7(7.8%) 6-year-old girls, 9 (13.2%) 7-year-old girls, 50 (52.6%) 8-year-old girls were in breast stage 2 and over. The main factors influencing precocious puberty were obesity scale, frequency of eating instant food, TV watching time, stress levels and broken family. A high rating on the obesity scale and high frequency of eating instant food, too much time in front of TV, high stress and broken family indicated advanced stage of puberty. This study show that prevalence ratio of the precocious puberty was 26.1%. The significant influencing factors in advanced puberty were obesity scale and frequency of instant food, TV watching time, high stress and broken family.