Sexual Violence 'Illegal Filming' Average 16 Cases Per Day... Most Result in Suspended Sentences or Fines

Simple Illegal Filming Leads to Imprisonment
35.4% Suspended Sentences, 19.9% Fines
Calls for Harsher Punishments Grow Louder

Recently, soccer player Hwang Ui-jo was sent to prosecution without detention on charges of illegal filming during sexual intercourse, amid ongoing cases of illegal filming and distribution related to sexual violence targeting lovers, acquaintances, and unspecified others. However, most cases result only in suspended sentences or fines, leading to calls for harsher punishments.

According to the National Police Agency's crime statistics on the 4th, the number of cases and arrest rates for habitual filming and distribution using cameras under the Sexual Violence Punishment Act were recorded as 5,925 cases with a 94.7% arrest rate in 2018, 5,764 cases with 94.4% in 2019, 4,881 cases with 94.6% in 2020, 5,541 cases with 88.7% in 2021, and 5,876 cases with 86.4% in 2022. This amounts to an average of 16 illegal filming incidents per day. However, as cameras have become smaller and smartphone applications more advanced, the arrest rate has been gradually declining.

Seongbuk Police Station's Female and Youth Officer Mina Lee is demonstrating the detection of illegal cameras using a mobile phone and an illegal filming quick inspection card called 'Molguard' in the shower room of the National University Comprehensive Welfare Center in Seoul on June 19, 2020.
[Image source=Yonhap News]

On the 28th of last month, the prosecution demanded a 4-year prison sentence for Hwang’s sister-in-law. According to the court, Hwang submitted a letter of no punishment request regarding Mr. A, while the victim’s side submitted a petition for severe punishment. Mr. A was arrested and indicted last year on charges including sharing photos and videos of Hwang and women on Instagram. During the investigation, the police detected signs of Hwang’s illegal filming, changed his status to suspect, and sent him to prosecution on the 8th.

Under current law, anyone who films a person's body that can arouse sexual desire or shame against the subject’s will using a camera or mechanical device faces up to 7 years imprisonment or a fine of up to 50 million won. However, more than half of illegal filming punishments have been fines or suspended sentences. Since the Sexual Violence Punishment Act includes rape and molestation, most simple illegal filming cases have avoided actual imprisonment.

Looking at first trial results in the Judicial Yearbook, there were 5,205 Sexual Violence Punishment Act rulings in 2022. The verdicts included 1,834 suspended sentences (35.4%), 1,689 imprisonment sentences (32.4%), 1,038 fines (19.9%), 181 acquittals (3.4%), 89 deferred sentences (1.7%), and 58 juvenile referrals (1.1%), with suspended sentences and fines accounting for more than half. This inevitably leads to criticism that punishments are too lenient.

Himchan, formerly of the boy group B.A.P, was sentenced to 3 years in prison with a 5-year suspended sentence on the 1st of last month. At the time, the court pointed out, "Considering the circumstances and content of the crime, the method of the crime, and the relationship with the victims, the nature of the crime is not good," but took into account that he reached agreements with all victims and that the victims did not want Himchan to be punished as favorable factors.

Himchan is accused of sexually assaulting a victim who took him home in May 2022, illegally filming her, and sending obscene materials to the victim in June. The prosecution demanded a 7-year prison sentence, stating that the victims are suffering extreme pain.

Professor Lee Woong-hyuk of Konkuk University’s Department of Police Science said, “Illegal filming and distribution crimes put enormous pressure on victims, and even if photos and videos are deleted, they can leave lifelong pain. The frequent issuance of suspended sentences and fines seems to be due to the courts’ lack of empathy for the victims’ suffering. Generally, sentencing differs depending on whether the perpetrator and victim have reached an agreement, but this can also be seen as problematic.”