Pretending to Make a Phone Call to Approach Women and Make Lewd Remarks... Is Street Sexual Harassment Unpunishable?

Pretending to Make a Call, Approaching and Committing Sexual Harassment and Lewd Talk
Women Say "Street Sexual Crimes Frequent in Public Places"
Experts Say "Punishable as Insult Crime... Efforts Needed to Secure Evidence"

The photo is not related to any specific expression in the article. Photo by Yonhap News

[Asia Economy reporters Han Seung-gon and Kang Joo-hee] Recently, public outrage has grown after it was revealed that a man approached multiple unspecified women around Seoul National University Station in Gwanak-gu, Seoul, and committed sexual violence including obscene remarks and sexual harassment. In particular, among women, there is growing anxiety that this crime could escalate into a 'random attack' crime.

Experts emphasized that this crime can be punished under the charge of insult. They also stressed that it is not an appropriate response to consistently ignore the issue due to weak punishment regulations in some cases.

According to media reports, a man estimated to be in his 30s was reported to closely follow women on their way to work or school near Seoul National University Station, making obscene remarks or sexually harassing comments.

This man appeared among the morning crowd between 8:20 and 9:00 a.m., pretending to be on a phone call while holding a mobile phone to his ear, and was known to comment on the appearance of women present and make sexual remarks. In fact, one woman who was victimized reported experiencing severe stress every morning fearing an encounter with this man and even sought counseling from related agencies.

The photo is unrelated to specific expressions in the article content. / Photo by Yonhap News

Such crimes have continuously occurred in the past as 'street harassment' against women in public places where frequent face-to-face contact with others happens.

This crime refers to harassment and violence experienced by women and sexual minorities in public places such as public transportation, including non-consensual physical contact, insulting looks, verbal harassment, sexual assault, exposure of genitals, and stalking. However, related punishment regulations are minimal, leading to ongoing demands among women for stronger penalties and legal reforms.

The Korea Sexual Violence Counseling Center released the first domestic survey results on street harassment in 2016. According to the survey, from January 2014 to December 2015, there were 123 cases of sexual assault, sexual harassment, unauthorized photography, stalking, and other incidents by strangers in public places. The most common location was streets with 37 cases, followed by public transportation, public restrooms, elevators, playgrounds, bars, and others.

Women expressed outrage that such street harassment occurs frequently as a part of daily life. Kim, a woman in her 20s working in an office, said, "If you are a woman, you have probably encountered someone giving unpleasant looks or making unnecessary remarks in everyday spaces like subways, buses, or streets at least once." She added, "I was always anxious that such incidents might happen, but after the Seoul National University case, I even feel uneasy using public places in broad daylight."

On the 29th, citizens hurried their steps on the streets of Hongdae, Seoul. / Photo by Mun Ho-nam munonam@

However, despite the seriousness of street harassment, it has been confirmed that current laws provide minimal punishment for perpetrators. The police stated that cases like the 'Seoul National University phone man' could fall under 'creating a sense of anxiety' under the Minor Offenses Act, but the penalty is limited to a fine, which has little deterrent effect. The fine for acts causing anxiety is only about 50,000 KRW.

As a result, citizens' anxiety about street sexual crimes is increasing. There are calls for urgent establishment of punishment regulations for sexual harassment by strangers.

France enacted and is enforcing a law since August 2018 that imposes fines ranging from 90 to 750 euros (approximately 120,000 to 1,000,000 KRW) on those who commit 'cat-calling' crimes such as whistling and making flirtatious remarks toward women in public places.

Experts emphasized that acts of obscene remarks and sexual harassment on the street can be punished under the charge of insult. They also suggested efforts to secure evidence at the time the harm occurs.

Attorney Lee Eun-ui (Lee Eun-ui Law Office) said, "Since this victimization occurred in a crowded place, there is a high probability of closed-circuit television (CCTV) footage, and people nearby may have heard about the victimization, so the charge of insult can be established." She added, "Although it may be difficult to respond depending on the situation when such harm occurs, it is not right to take no action just because the punishment is minimal."

She continued, "However, whether it can be punished as insult depends on the degree of the voice and whether the perpetrator was actually on a call. Also, basic conditions for reporting, such as the presence of people around and CCTV, must be met." She emphasized, "When such situations occur, efforts should be made to secure evidence by recording or filming with a mobile phone or asking for help from people nearby."