The victim of sexual violence has many difficulties in criminal investigation or trial process. For example, he or she has no understanding on how to make a statement. In criminal investigation or trial process, the attorney for the assailant often tries to shift the responsibility to the victim or make an issue of his or her conduct. Therefore, the role of legal assistance with expertise is more important than any other things, so as to protect and assist victim of sexual violence.
The study suggests legal protection and assistant system to victim of sexual violence as follows:
Firstly, system to protect and assist victim of sexual violence -counselling support, legal support and medical aid- should be improved. Secondly, service transmission system in assistance to victim of sexual violence, such as safety zone for children and women and emergency number system(1366) for women, should be activated. Thirdly, protection and support to victim in the criminal procedure should be strengthened. Experience handling case should be a guideline for selection of the legal assistant, regardless of list of candidate of legal assistance. Information on legal assistant, including his or her experience of counseling for victims, should be provided to the victim. Third, the date of selecting the legal assistant should be advanced, depending on the victim's will. Fourth, the basic information related to investigation or trial should be offered to the legal assistant. Fifth, legal assistant's right to inspect and copy record should be extended, and his or her right to attend at the investigation and trial process should be guaranteed. Finally, remuneration of legal assistant should be realized.