深度-人权观察-“我的生活不是你的色情”——韩国的数字化性犯罪（英文）-2021.6-103页_9mb

Summary of "My Life is Not Your Porn": Digital Sex Crimes in South Korea

Core Content

This report by Human Rights Watch documents the prevalence and impact of digital sex crimes in South Korea, which refer to crimes involving non-consensual intimate images. These crimes encompass the unauthorized capture, sharing, or distribution of intimate images, often with the intent to harm, humiliate, or blackmail the victim. The report highlights how technological innovation can exacerbate gender-based violence, especially in a society where traditional Confucian patriarchal values still influence social norms and perceptions of women's behavior and reputation.

Main Points

• Digital sex crimes include:

  • Non-consensual capturing of images (e.g., spycams in private spaces)
  • Non-consensual sharing of images (even if captured with consent)
  • Faked or manipulated images used for impersonation and reputational harm

• Victims are predominantly women and girls, with 80% of spycam cases targeting them, and 98% of perpetrators in spycam cases being male.

• The impact on survivors is severe, including:

  • Trauma and mental health issues
  • Suicide risk
  • Reputational harm
  • Barriers to education and employment
  • Fear and anxiety in personal spaces

• The government's response has been inadequate, with:

  • Insufficient penalties for perpetrators
  • Low conviction rates
  • Lack of effective civil remedies
  • Stigma and lack of support for survivors

• Legal system shortcomings include:

  • Low sentencing (e.g., 79% of perpetrators received suspended sentences or fines)
  • Lack of women in law enforcement and judiciary
  • Pressure on survivors to withdraw charges

Key Recommendations

To the Government of South Korea

• Establish a commission to review current sentencing and remedies for digital sex crimes.
• Develop and implement a comprehensive national action plan to reduce the prevalence and impact of these crimes.
• Provide sufficient funding for services supporting survivors.
• Support legislative reforms to allow survivors to access civil remedies like injunctive relief and damages.
• Reduce gender inequity through increased female participation in legal sectors, ending the gender pay gap, and reducing violence and harassment against women.

To the National Assembly

• Pass legislation to:
  • Increase access to civil remedies and victim compensation.
  • Protect survivors' privacy during civil litigation.
  • Mandate comprehensive and rights-respecting education on sexuality and digital citizenship in all schools and workplaces.

To the Ministry of Education

• Reform sexuality education to remove gender stereotypes and include consent, gender-based violence, healthy relationships, and digital citizenship.

To the National Police Agency, Supreme Prosecutor's Office, and Supreme Court

• Ensure vigorous investigations and prosecutions.
• Provide training for law enforcement and judiciary on the impact of digital sex crimes.
• Increase the number of women in these institutions, especially in senior roles and specialized units.
• Enforce policies ensuring respectful and responsive treatment of survivors and hold officials accountable for violations.

Methodology

• Based on 38 interviews with survivors and experts, and an online survey.
• The survey was conducted in Korean and distributed via social media, resulting in 554 responses.
• Interviews were conducted with care for survivors' privacy and safety, often with interpreters and counselors present.
• Some names were withheld for privacy, and correspondence with government agencies was not responded to.

International Human Rights Law

• The report emphasizes the importance of international human rights standards, including:
  • Right to live free from gender-based violence
  • Right to non-discrimination
  • Right to privacy
  • Right to freedom of expression
  • Corporate responsibility in preventing the spread of non-consensual images

Conclusion

The report underscores that while South Korea has advanced technologically, it has not kept pace with gender equality. The legal and social frameworks are ill-equipped to address the complex and pervasive harm caused by digital sex crimes. A comprehensive approach involving policy reform, education, and corporate responsibility is essential to protect women and girls from these crimes and to ensure justice and accountability.

Key Statistics

• In 2017, 6,615 non-consensual filming cases were reported, an 11-fold increase from 2008.
• 79% of perpetrators of non-consensual image capture received suspended sentences or fines.
• 82% of those convicted of distributing non-consensual images received suspended sentences or fines.
• Only 2% of perpetrators were imprisoned in 2017.
• South Korea ranks 102nd in the World Economic Forum's Global Gender Gap Index, with a 123rd ranking in economic participation.

Additional Context

• The 2018 protests against a case where a woman was jailed for sharing a nude photo of a man, while men often go free for similar acts, highlighted systemic gender bias.
• The K-pop industry and social media culture have been criticized for normalizing sexist behavior and objectifying women.
• The "Escape the Corset" and "4B Movement" movements reflect growing feminist consciousness and resistance to gender norms in South Korea.

Conclusion

The report calls for urgent reforms in law enforcement, legal systems, and education to address the systemic failure to protect women from digital sex crimes and to ensure justice for survivors.