If you feel sexually humiliated, is it sexual harassment?... Looking at the legal standards [I don’t know the law]
Whether or not the victim felt 'sexual shame' during the procedure "Evidence can only be admitted if the statement is consistent" The standard for 'shame' is also an acceptable level according to 'social norms' The 'scope of the procedure' must be agreed upon in advance to avoid legal disputes Last month, a man, a traditional dancer and Hanbok designer, was indicted on charges of violating the Act on the Protection of Children and Adolescents from Sexual Harassment (Acheong Act) by sexually harassing his same-sex high school student. His student is known to have stated in a statement to the prosecution, “(The perpetrator) put his hand inside the person’s underwear under the pretext of giving a massage.” As cases of sexual assault crimes under the pretext of giving a massage continue to occur, questions about the legal standard that distinguishes between the two acts are growing. Experts emphasize that in order to prevent unfair cases for both suspects and victims, it is important to leave evidence of 'intention' in advance. "The victim's 'sexual shame' is the only evidence? Exaggerated" It is true that massage performed for therapeutic or cosmetic purposes must be agreed in advance on the 'scope of treatment' through consent forms and recordings, making it difficult to distinguish from sexual harassment in that it presupposes physical contact. Also, during the procedure, some clothes may have to be removed, so there is usually no closed-circuit television (CCTV) inside the procedure room and it is difficult to find nearby witnesses. According to a 2002 Supreme Court precedent, physical contact, commonly referred to as 'sexual harassment', is punished under Article 298 of the Criminal Act. The provision states that a person who commits an indecent act against another person through assault or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won. The Supreme Court considers that applying tangible force to the body against the other person's will also violates the relevant law under the term 'surprise molestation'. If the victim of forced molestation is a minor, Article 7, Paragraph 3 of the Acheong Act applies and can result in imprisonment for a term of more than two years or a fine of not less than 10 million won but less than 30 million won. In addition, according to Article 20 of the same law (special provisions regarding the statute of limitations), the statute of limitations under the Criminal Procedure Act does not apply. It is known that the 'sexual shame' felt by the victim is usually the standard for determining whether physical contact, such as massage, constitutes forcible molestation. However, experts point out that the interpretation of the law is somewhat exaggerated. As subjectivity is greatly involved, the explanation is that there must be consistent statements for sexual shame to be recognized in the trial. In fact, in 2020, the court acquitted the defendant, who was an exercise manager, due to the lack of consistency in the victim's statement in a case of forced molestation that occurred at an exercise center in Seongnam, Gyeonggi-do. The victim who received a massage from him was not acknowledged for sexual shame as the part of the body he touched changed during the statement. Choi Hyun-deok, lawyer at Daeryun Law Firm, said, "In sexual crimes, it is often thought that the victim is unconditionally at the center, but in reality, the court considers whether sexual shame applies based on the standards of 'ordinary people' with general social norms." He emphasized, "It is an exaggeration to say that 'the victim's tears are evidence' in a sex crime trial." Byeong-cheol Han, lawyer at Korea Central Law Firm, said, "Of course. He explained, "It is true that the shame felt by the victim is the main criterion for the judgment of investigators such as police at the indictment stage," but added, "However, when entering a trial, a lot of data and context are examined, and even lie detectors are used. Unlike the past, when the court accepted testimony as the only evidence, there is a growing tendency to accurately examine the circumstances." Therefore, experts advise that in order to prevent legal disputes between the suspect and the victim, the scope of the massage treatment must be agreed upon in advance. Attorney Byeong-cheol Han said, "When receiving treatment at a professional massage shop, unnecessary controversy can be reduced if the scope of the treatment is clearly notified in advance and a consent form is obtained." He added, "When giving or receiving a massage in everyday life, it is effective to record the situation at the time. Recording the conversation between the parties is not illegal even without consent." The victim is also innocent. In order to prevent being wrongfully accused, it is important to report promptly and secure evidence to prove the suspect's intent. One lawyer emphasized, “Even if you report it as a forcible molestation, the actual trial will be held at least six months later, so the situation at the time may be confusing during subsequent testimony,” and “You must leave evidence in various ways in advance.” One lawyer said, “As soon as you see the victim, leave a KakaoTalk or text message about the situation at the time to an acquaintance or friend, or if you received sex counseling, keep a diary to increase the evidentiary power of your testimony.” He added, “However, at the level of ‘social convention’, “We must keep in mind that this is shame and take legal action,” he added. [View full article] - Sexual humiliation is sexual harassment?... Looking into the legal standards [I don’t know the law] (Shortcut)