국문요약 ·············································································1
❘제1장❘ 서론 ···································································51
제1절 연구의 배경 및 필요성 ·····································································53
1. 2013년 성폭력 개정법 시행 이후 형사실무의 변화 ·································53
2. 성폭력 범죄에서의 친고죄와 반의사불벌죄 폐지 ····································54
제2절 연구의 목적 및 방향 ········································································55
1. 연구목적 및 대상 ·························································································55
2. 연구방향 ········································································································56
제3절 연구방법 ···························································································67
1. 문헌연구 ········································································································67
2. 심층면접 ········································································································67
3. 설문조사 ········································································································74
❘제2장❘ 2012년 성폭력 관련법 개정 이후 법률 및
정책의 변화와 방향 ···········································85
제1절 2012년 성폭력 관련법 개정(2013. 6. 19. 시행)의 주요내용 ·······87
1. 성폭력 범죄에 대한 처벌 및 사후관리의 강화 ··········································87
2. 수사 및 공판절차상 성폭력 피해자 보호‧지원의 확대 ····························108
제2절 2012년 개정 이후 성폭력 수사 관련 정책 및 체계 ·····················114
1. 성폭력방지 종합대책(2013. 6. 21.) ························································114
2. 현행 성폭력 범죄의 수사체계 ···································································119

3. 피해자 조사 및 지원을 위한 성폭력피해자 통합지원센터 ·····················122
제3절 2013년 개정법 시행 후 성폭력 수사 관련 정책의 흐름과 쟁점 ·· 126
1. 성폭력 피해자의 동등한 사법접근권 실현을 위한 기반의 마련 ············127
2. 성폭력 전문성 확보를 위한 전담체계의 구축 및 한계 ··························130
3. 성폭력 범죄에 대한 처벌 확실성 구축을 위한 제도 운영의 한계 ········131
❘제3장❘ 해외의 성폭력 수사 및 피해자 지원 제도 ······137
제1절 독일의 성폭력 수사 및 피해자 지원 제도 ·····································139
1. 성폭력 범죄자에 대한 처벌의 확실성 확보를 위한 비친고죄화 ············139
2. 독일의 성폭력전담 수사 및 피해자 조사 체계 ·······································146
3. 성폭력 피해자의 보호를 위한 피해자 조사 관련 특별제도 ···················165
4. 피해자의 사법접근권 실현을 위한 성폭력피해자의 조사
지원·보호 제도 ···························································································172
제2절 영국의 성폭력 수사 및 피해자 지원 제도 ·····································175
1. 성폭력 범죄 관련 법률규정 및 형사절차 ················································176
2. 성폭력 전담 수사체계 및 성범죄자 사후 관리체계의 구축 ···················179
3. 2차 피해 예방을 위한 수사실무 구축 ······················································181
4. 성폭력 피해자의 사법접근권 강화를 위한 보호 및 지원체계 ················183
제3절 시사점 ····························································································186
1. 2차 피해와 반복 진술을 줄이기 위한 증거보전절차의 활용 ·················186
2. 민간단체와의 상호협조를 통한 피해자 보호․지원 활성화 ······················189
❘제4장❘ 개정법 시행 이후 성폭력 수사 및 지원의
변화와 평가 ·····················································191
제1절 설문대상자의 특성 및 사건 처리 현황 ··········································193
1. 설문조사대상자의 일반적 특성 ·································································193
2. 담당 성폭력 사건의 주된 유형 ·································································196

제2절 2013년 개정법 시행 이후 수사실무상 변화 인식 및 평가 ···········196
1. 법개정 이후 수사현장에서의 전반적 변화에 대한 인식 ·······················198
2. 처벌강화에 따른 변화 인식 및 평가 ························································198
3. 수사절차상 피해자 보호‧지원 강화로 인한 변화 인식 및 평가 ·············199
4. 친고죄 폐지 후 수사실무의 변화 및 인식 ···············································201
5. 피해자 지원기관의 형사사법절차상 기관별 수사관행에 대한 평가 ·······207
제3절 수사실무상 성폭력 피해자 보호‧지원제도의 운용 ··························217
1. 피해자 조사시 통합지원센터의 활용 및 연계경험 ··································219
2. 피해자국선변호사 제도의 운용 ·································································233
3. 진술전문가제도의 운영 ··············································································252
4. 가명조서제도의 운영 ··················································································256
5. 피해자 권리고지 및 통지 제도의 운용 평가 ···········································259
제4절 종합분석 ·························································································261
1. 수사실무상의 변화와 평가 ········································································261
2. 수사실무상 성폭력 피해자 보호․지원제도의 운용 ···································262
❘제5장❘ 개정법 시행 이후 성폭력 수사실무 변화에 대한
질적 분석 ························································269
제1절 처벌강화로 인한 수사실무의 변화와 영향 ···································271
1. 전담체계 마련으로 인한 성폭력 수사의 적극성 증가 ·····························272
2. 현 성폭력수사 전담체계 운영의 한계 ······················································278
3. 처벌강화로 인한 수사기관의 피해자와 피의자에 대한 부담 증가 ········284
4. 친고죄 폐지 이후 확립되지 않은 수사원칙 및 관행의 혼란 ·················287
제2절 피해자 보호‧지원의 강화로 인한 수사실무의 변화와 영향 ··········296
1. 피해자 조사 및 지원의 전문성 강화 ························································296
2. 피해자 보호 및 지원을 위한 수사실무 강화 ···········································297
3. 전문화된 피해자 조사를 위한 체계의 현실적 문제 ································299
4. 지역과 조직체계, 담당자에 따른 피해자 보호 및 지원의 편차 존재 ··· 303
제3절 2013년 이후 도입된 구체적 제도들의 운영 및 효과 ···················310

1. 피해자국선변호사 제도 ············································································310
2. 진술조력인제도 ···························································································329
3. 가명조서제도 ······························································································336
제4절 종합분석 ·························································································341
1. 처벌강화로 인한 수사실무의 변화와 영향 ···············································341
2. 피해자 보호․지원의 강화로 인한 수사실무의 변화와 영향 ····················344
3. 2013년 도입된 피해자지원제도의 운용 ···················································345
❘제6장❘ 연구결과의 요약 및 정책제언 ·························351
제1절 연구결과의 요약 및 시사점 ····························································353
1. 성폭력 범죄자 처벌 및 사후관리 강화로 인한 변화 ······························354
2. 수사절차상 피해자 보호‧지원 강화로 인한 변화 ·····································357
3. 부분적 성폭력 전담체계 등으로 인한 전문성 하락 ································363
4. 피해자국선변호사제도의 운용 ···································································364
5. 진술전문가 제도의 운용 ············································································365
6. 가명조서제도의 운용 ··················································································366
제2절 정책제언 ·························································································367
1. 성폭력 피해자의 동등한 사법접근권을 실질화하기 위한 방안 ··············367
2. 성폭력 수사체계 및 인력의 전문성의 함양 및 평준화를 위한 방안 ···· 381
3. 인권을 침해하지 않는 범위내에서 성폭력 범죄 처벌의 확실성
확보 방안 ····································································································385
4. 지속가능한 정책 이행을 위한 조사와 평가 ·············································387
참고문헌 ···········································································389
Abstract ··········································································404
부록 ··················································································409

본 연구는 2013년 6월 19일부터 시행된 성폭력 범죄에서의 친고죄 폐지 및 피해자국선변호사 제도의 도입 등을 내용으로 하는 성폭력 개정법이 성폭력 수사 실무에어떠한 변화를 가져 왔는지 실증적으로 조사하고, 이를 통해 법 개정의 실효성 확보에필요한 실무 개선의 방향을 고민해보고자 한다.본 연구를 통해 피해자 보호 및 지원과 관련하여 변화된 제도가 수사과정에서 어떻게 운용되고 있는지, 그리고 성폭력 범죄에서의 친고죄 폐지 등 성범죄자에 대한처벌을 강화하는 방향의 정책들이 수사실무에 어떠한 변화를 가지고 왔는지를 살펴볼것이다. 이를 통해 피해자의 보호와 국가 형벌권 행사 간의 균형이 실무상으로 어떻게모색되고 있는지를 드러낼 수 있을 것이다.본 연구는 2012년 개정된 성폭력 관련 법률 등의 시행 이후 변화한 수사실무에대한 수사 담당자와 피해자 및 피해자 지원단체들의 평가 및 의견을 포함하고 있다.이는 성폭력 범죄의 처벌과 피해자 보호 및 권리실현이라는 형사정책적 목표를 실현하기 위한 향후 개선방안을 검토하는 데 중요한 자료가 될 것이다.