Chapter 1 Overview of research
－ The ability to prove the victim's statement on the criminal fact is the core
issue in judging guilty or not in sexual violence cases due to the special
nature of case of which major contents are sexual contact of each individual.
Accordingly, this study intends to analyze how and in which manner rules
of experience based on gender sensitivity are applied to the ruling of sexual
violence cases.

Chapter 2 Experimental research
□ Research contents and methods
－ Survey contents and structure
∙ Investigates how different the judgment of the reliability of victim's
statement and punishment of the accused, judging guilty or not, and
judging the responsibility of victim are according to 12 conditions (2 x
2 x 3) which consist of case related 3 factors (whether victim's statements
are consistent, whether the victim conforms to the stereotype of the
'genuine’ victim, and whether there existed the prior sexual relation
between the accused-victim).
∙ Investigates the effect of the people’s attitude of sex on the judgment of
the reliability of victim's statement, punishment of the accused, and
responsibility of victim by measuring the ambivalent sexism (hostile,
benevolent) and rape myth acceptance with the sex and age of people
together.
－ How to collect the data
∙ The data was collected from 600 law school students nationwide for about
2 weeks from September 8 to September 22, 2020.

□ Difference depending on the case and people related factors
－ Case related factors
∙ The research participants of which the consistency of victim’s statement
is higher judged the reliability of victim’s statement to be high than the
research participants with lower condition, and showed the higher rate
that judges the accused to be guilty and judged the punishment of the
accused should be more serious.
∙ The research participants whose victim conformed to the stereotype of
the ‘genuine’ victim during the investigation and trial process judged the
punishment of the accused should be more serious than the research
participants whose victim did not conform to the stereotype of the
‘genuine’ victim.
∙ When the victim and the accused were strangers, the reliability of victim's
statement was judged to be higher than the case in which they were lovers,
and the level of punishment of the accused was uated to be more
serious. In the case in which lovers with a prior agreed sex relation the
level of punishment of the accused was uated to be less serious than
in the case in which lovers without one.

－ People related factors
∙ Women judged the reliability of victim’s statement to be higher, the level
of punishment to be more serious, and the responsibility of victim to be
lower, and showed the higher rate of judging the accused guilty than men.
The ambivalent sexism (hostile, benevolent) and rape myth acceptance
of men are higher than that of women.
∙ Research participants in their 20s were more likely to answer the accused
to be guilty than those with 30’s or more, and less likely to attribute to
the responsibility of victim. Participants in their 30’s or more showed
higher ambivalent sexism (hostile, benevolent) and rape myth acceptance
than those in their 20’s.

□ Analysis of factors influencing the judgment of sexual violence cases
－ Results of correlation analysis
∙ If the victim’s statement is consistent and the uator is a woman, the
reliability of victim’s statement is uated to be higher. If the closer
the accused-the victim and the higher the uator’s ambivalent sexism
(hostile, benevolent) and rape myth acceptance, the reliability of victim’s
statement is uated to be lower.
∙ When the victim's statement is consistent and the uator is a woman,
it shows the higher rate in judging the accused to be guilty, and if the
uator has the higher ambivalent sexism (hostile, benevolent) and rape
myth acceptance, the accused is judged to be not guilty.
∙ If the victim’s statement is consistent, the victim corresponds with the
conventional ‘ideal victim’, and the uator is a woman, the accused
is judged to be punished more seriously. If the accused and the victim
are close, and the uator’s ambivalent sexism (hostile, benevolent) and
rape myth acceptance is higher, the punishment level of the accused is
judged to be lower.
∙ If the uator is older, and has higher ambivalent sexism (hostile,
benevolent) and rape myth acceptance, the responsibility of victim is
judged to be higher in the occurrence of rape case. If the uator is
a woman, the responsibility of victim was uated to be lower,
－ Results of regression analysis
∙ In terms of reliability of victim’s statement, if the victim’s statement is
consistent and the uator is a woman, it is high, but when the accused
and the victim is close, it is uated to be lower.
∙ In terms of judging the guilty of the accused, if the victim’s statement
is consistent and the uator is a woman, it is high.
∙ In terms of level of punishment of the accused, when the victim’s statement
is consistent and the victim corresponds with the conventional ideal victim
and the uator is a woman and the age of uator is higher, it gets
higher, but if the accused and the victim is close, it gets lower.
∙ When the uator is a woman, the responsibility of the victim is uated
to be lower, but when the age of uator is higher, it is uated to
be higher.

□ Results of mediation analyses
－ Ambivalent sexism (hostile, benevolent) and rape myth acceptance
∙ Ambivalent, hostile sexism acts as complete mediator between the age
and sex of uator and the responsibility of the victim respectively. That
is, when the uator is a man, and is older, the ambivalent sexism is
higher, and when ambivalent sexism is higher, the responsibility of the
victim was uated to be higher.
∙ Benevolent sexism acts as complete mediator between the sex of uator
and the responsibility of the victim. That is, when the uator is a man,
the benevolent sexism is higher, and when benevolent sexism is higher,
the responsibility of the victim was uated to be higher.
∙ The rape myth acceptance acts as complete mediator between the age
of uator and judging the accused to be guilty or not, and the age
of uator and the responsibility of the victim respectively. That is, when
the uator is older, the rape myth acceptance is higher, and when rape
myth acceptance is higher, the accused is uated to be innocent and
the responsibility of the victim is uated to be higher.
－ Reliability of victim's statement
∙ The reliability of victim's statement acts as complete mediator between
the consistency of victim's statement and judging the accused to be guilty
or not, and the relationship of the accused-the victim and judging the
accused to be guilty or not. That is, when the victim’s statement is
consistent, the reliability of statement is higher, and when the reliability
of statement is higher, the accused is likely to be judged as guilty. When
the accused and the victim are closer, the reliability of victim’s statement
was judged to be lower, and when the reliability of statement is lower,
the accused is likely to be judged as innocent.
∙ The reliability of victim’s statement acts as complete mediator between
the consistency of victim’s statement and the level of punishment, and
the relationship of the accused-the victim(2nd stage) and the level of
punishment, respectively. That is, when the victim’s statement is consistent,
the reliability of statement is higher, and when the reliability of statement
is higher, the accused is the subject to the more severe punishment. In
addition, if the accused and the victim are lovers, the reliability of victim’s
statement was judged to be lower, and when the reliability of statement
is lower, the accused is the subject to the less severe punishment.
∙ The reliability of victim’s statement acts as complete mediator between
the consistency of victim’s statement, the relationship between the accused
-the victim, and the sex of uator, and the responsibility of victim.
That is, when the victim’s statement is consistent and the uator is
a woman, the reliability of statement was uated to be higher and when
the reliability of statement is higher, the responsibility of victim was judged
to be lower. In addition, if the accused and the victim are close, the
reliability of victim’s statement was judged to be lower, and when the
reliability of statement was judged to be lower, the responsibility of victim
was uated to be higher.

Chapter 3 The ground and the factor of judging the reliability
of sexual violence victim’s statement: Case study
□ Analysis of judgments on sexual assault case
－ Summarizes and analyzes the standard and the ground of judging the
reliability of victim's statement presented on the judgment of higher court
targeting 8 sexual violence cases and the case of which judgments are
different in the lower court and the higher court since the supreme court
emphasized ‘gender sensitivity’.
－ In judging the reliability of victim’s statement, the court should confirm
that it considered the circumstances of the victim’s statement, the circumstances
before the sexual act, the circumstance at the time of sexual act, the
circumstances after the sexual act, the relationship between the victim and
the accused, and various circumstances which can be classified others.
－ When the major part of victim’s statement has no specificity, consistency,
and reasonability, the court tended to reject the reliability of victim’s statement,
but in other cases, even if the circumstance which can doubt the reliability
of victim’s statement is found, the court considers the additional circumstances
in relation with this such as the reason of such a circumstance and individual
special circumstance of victim comprehensively, if such circumstances can
be considered to be incompatible with the fact of damage, it showed the
tendency to recognize the reliability of victim's statement.
－ In many cases among analyzed cases, lower court rejected the reliability of
victim’s statement on the ground that doubt reliability of victim’s statement
while the higher court recognized the reliability of victim’s statement by
considering the additional circumstances in relation with this such as the
reason of such a circumstance and individual special circumstance of victim
comprehensively, and such an attitude of higher court judgment can be
described to reflect ‘gender sensitivity’.

□ Analysis of lower court judgments
－ The case analysis of lower court judgments on 271 rape cases allows to
categorize the judgment ground of reliability of victim’s statement and its
factor and to suggest the case in which the gender sensitivity/gender bias
by type.
－ When judging the reliability of victim's statement, the court used the internal
and external factors of the statement, and the factors that reflect the specificity
of the sexual violence crime (victim-likeness, the degree of resistance,
previous sex history, reporting date, etc.) are used as the basis for judgment.
As a result of analyzing the case in which such judgment factors are applied
from the view based on the gender sensitivity, it shows the court tends to
judge the reliability of victim’s statement by considering each circumstance
and the experience rule of sexual violence cases rather than the experience
rule of reasonable common people. However, some judgments describe the
decisions based on the prejudice about the conventional victim likeness not
considering the individual nature of sexual violence victim, regardless of
the conviction or sentencing in the case, the presence of these decisions
in the judgments still cause some doubt regarding the gender sensitivity
of some judges.

Chapter 4 Implications for determining the reliability of victim’s
statement of sexual violence and improving the system
□ Implications for improving the system shown as a result of
research.
－ The result of this research that the ambivalent sexism (hostile, benevolent)
and rape myth acceptance affects judging the reliability of victim’s statement
and responsibility, the guilty of the accused and their punishment shows
the possibility that the establishment of rape case and the reliability of
victim’s statement in the criminal procedure can be denied and rejected
depending on the prejudice of the working staffs or intuitive impressions
of the victims, subjective uations and arbitrary interpretations of judges
and jurors, Therefore, it is required to strengthen the expertise, to arrange
the concrete guidance for the investigation for the prevention of secondary
victimization and to perform the related education and to continue the
monitoring so that the professionals of the criminal justice system can
proceed with objective and fair procedures in the course of investigation
and testimony of the victims.

□ Implications of system improvement shown through case
analysis and case judgment analysis
－ The court should determine whether to apply them by critically reviewing
the existing ideas which have been considered to be able to be applied
in judging the reliability of statement of sexual violence victims, and even
if the circumstance which can doubt the reliability of victim statement is
found, it should consider the specific circumstance of victim more elaborately.
－ Because many cases have been accumulated over time by the idea that
emphasizes 'victim-likeness' before ‘gender sensitivity’ is emphasized, it is
necessary to list the process of proving which is sufficient to persuade the
accused and the attorney in judging the case in which new logical arguments
breaking the old ideas.
－ Therefore, when the court judges the reliability of statement of sexual
violence victim with ‘gender sensitivity’, it should review the old ideas
critically to determine whether to apply them or not. It is necessary to list
the sufficient process of proving to persuade the accused and the attorney
who are accustomed to the old ideas which have been accumulated for
a long time, or to prevent from judging the reliability of victim's statement
according to the subjective feelings.