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Illegal Filming and Non-Consensual Distribution (Intimate Relationships)

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Understanding 'Illegal Filming' and 'Non-Consensual Dissemination' Occurring Within Intimate Relationships

Understanding ‘Illegal Filming’ and ‘Non-Consensual Dissemination’ Occurring Within Intimate Relationships

  • 1 Suspected Cases of Illegal Filming ① Suspected Cases of Illegal Filming

    “My partner was holding their phone while we were having sex,
    and it was pointed in my direction. I saw the flash go off for a split second, so I suspect I was illegally filmed. What should I do?”

    Q. Is it possible to report to the police with only circumstantial evidence of illegal filming?

    Even if there are only circumstances where illegal filming is suspected and no clear evidence, you can still report it to the police. If the criminal charges are specified through the victim's statement, investigations are conducted using various methods (search and seizure, digital forensics, etc.).

    Things to Prepare When Reporting to the Police

    • 1

      Organize your statement regarding the incident

      Following the 5 Ws and 1 H, note when, where, and how the filming incident occurred, what the other person said, how many times there were situations where you suspected illegal filming, etc.

    • 2

      Secure related conversation records

      Capturing chat messages, texts, or social media DMs that imply illegal filming, admit to the crime, or contain threats, etc.

    • 3

      Secure testimonies from people around you

      Testimonies or conversation messages from acquaintances who are aware of the incident, etc.

    Q. Wouldn't reporting without evidence be considered a false accusation?

    • The crime of false accusation refers to the act of reporting untrue information to the police for the purpose of getting another person punished. In other words, fabricating something that didn't actually happen as if it were true, and reporting it with the intent of having them punished, constitutes a false accusation. Just because a charge is not proven does not mean it is automatically considered a false accusation.

  • 2 Cases of Non-Consensual Dissemination ② Cases of Non-Consensual Dissemination

    “There was a video filmed with consent when I was dating my ex, and I told them to delete it when we broke up.
    Recently, a friend sent me a link from a site saying, 'Isn't this you?' I checked, and it was indeed the video taken back then, and it was being disseminated on an illegal website.”

    Q. A video filmed with consent was disseminated. Can I report it to the police?

    • Even if the footage was filmed with consent, disseminating it without the victim's consent is a criminal act, so you can report it to the police. Perpetrators sometimes argue that they are not at fault because it was filmed with consent. However, you consented to the filming, not the dissemination, so if circumstances of dissemination are confirmed, you can report it to the police under the crime of 'non-consensual dissemination.' (Article 14 (2) of the Act on Special Cases Concerning the Punishment of Sexual Crimes)

  • 3 Digital Sexual Crimes and ‘Dating Violence’ ③ Digital Sexual Crimes and ‘Dating Violence’

    “My ex-boyfriend filmed videos when we had sex last March and April.
    At the time, no matter the situation, if I expressed my refusal, he would get angry or swear, so I was scared and couldn't actively object even during the filming.
    I reluctantly consented during the first filming, and for the second one, he filmed without even asking for my intention to film, so I kept expressing my refusal and telling him to stop.
    Currently, I have broken up with my boyfriend. I demanded he delete the videos when I notified him of the breakup, but I have received no reply or contact from him.
    I don't even know if it has been deleted, and I'm having such a hard time because of the anxiety of retaliatory dissemination.”

    Source: ‘I shouldn't have let him film, even when he got angry… Is there any way to make my ex-partner delete our sexual intercourse video?’ (Law TV Network article dated May 10, 2019)

    • Dating violence refers to physical, sexual, emotional, and economic violence, control occurring within romantic relationships, and violent crimes that occur even after breaking up. Problems arising in intimate relationships are often dismissed as ‘minor disagreements’ or ‘ways of loving,’ or victims frequently cannot respond actively due to fear of the perpetrator's behavior and retaliation. If situations frequently occur where your actions are controlled against your will and you are emotionally suppressed in a relationship that should be mutually respected, you must evaluate your current relationship and take active steps to respond to the harm.

    • Examples of Digital Sexual Crimes in Dating Violence

      • Filming bodies or sexual intercourse without consent in private spaces

      • Disseminating videos filmed with consent to acquaintance chat rooms, illegal harmful websites, etc.

      • Demanding to meet after a breakup while threatening to disseminate photos and videos

      • Using personal information to write sexually insulting posts or spread bad rumors

    • Dating Violence Self-Diagnosis: https://stop.or.kr/home/kor/M988752725/contents.do

    How to Cope with Threats Related to Photos or Videos Within Intimate Relationships

    The act of a lover or an ex-partner threatening you by using sexual photos or videos as leverage is a clear criminal act. (Article 14-3 of the Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 283 of the Criminal Act)

    • 1

      Securing Safety

      • If there is a physical threat from the perpetrator, move to a safe space
        Women's Emergency Hotline 1366: Emergency shelter (Providing room and board services to victims in urgent need of safe accommodation and protection)

      • Do not forcefully contact the perpetrator just to secure evidence

    • 2

      Reporting to the Police Immediately

      • Report to the police after securing evidence such as text messages containing threats, call recordings, and testimonies from surrounding acquaintances

      • If there is a threat to your personal safety, request personal protection from a police officer

    • 3

      Applying for Monitoring and Deletion Support When the Photos or Videos Involved are Secured

      • Request monitoring and deletion support from the Digital Sexual Crime Victim Support Center when the photos or videos are secured during the investigation process

    • 4

      Respond together with support organizations

      • Inform family members and trusted people of the abuse and let them know you may ask for help if there is a risk to your safety

      • Respond safely while receiving investigation, legal, and psychological support through organizations that can help

How to Cope

How to Cope

If you experience ‘Illegal Filming’ or ‘Non-Consensual Dissemination’, please respond as follows.

  • 1

    Securing Evidence

    ① Securing Evidence

    • Circumstantial evidence of the incident: Date of the incident, text messages, audio recordings, testimonies of surrounding acquaintances, etc.

    • Victim-related images/videos: Secure the original files or the URL of the site where they were disseminated

  • 2

    Reporting to the Police

    ② Reporting to the Police

    When reporting to the police, you can receive investigation and legal support from a Sexual Violence Counseling Center (Accompanying the report, having a trusted person present)

  • 3

    Applying for Monitoring and Deletion Support to the Digital Sexual Crime Victim Support Center

    ③ Apply for monitoring and deletion support

    • Securing the victim-related images/videos (before dissemination): Monitoring support

    • Securing the URL of the disseminated site (after dissemination): Deletion support

  • 4

    Responding Together with Support Organizations

    ④ Responding Together with Support Organizations

    You can receive integrated support ranging from police reporting to legal support, psychological counseling, and recovery at the Regional Digital Sexual Crime Victim Support Center.

Organizations where you can get help

Organizations where you can get help

  • 1 Regional Digital Sexual Crime Victim Support Center ① Regional Digital Sexual Crime Victim Support Center
    https://www.stop.or.kr/home/kor/M856551654/support/network/index.do

    • Counseling support, investigative support, legal support, medical/recovery support, financial support (treatment costs, emergency living expenses, etc.)

  • 2 Women's Emergency Hotline 1366 ② Women's Emergency Hotline 1366

    • Call 1366 without an area code or search for ‘Cyber Counseling for Violence Against Women’ on KakaoTalk

    • Counseling available 24/7, 365 days a year, can be linked to Digital Sexual Crime Victim Support Centers nationwide

  • 3 1388 Youth Counseling Channel ③ 1388 Youth Counseling Channel

    Call 1388 or

    https://www.1388.go.kr

    after logging in, use chat, online bulletin boards, etc.

    • Counseling available 24/7, 365 days a year

  • 4 Local Sexual Violence Counseling Center ④ Local Sexual Violence Counseling Center
    Find Ministry of Gender Equality and Family (MOGEF) facilities: https://www.mogef.go.kr/inc/fs_fsc_s003.do

    • Free investigative support, legal support, psychological support, medical expense support, etc.

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