Increasing damage from digital sex crimes, need for professional criminal legal assistance [Lawyer Jaeguk Shim’s column]

The number of teenagers who have been victims of digital sex crimes has increased more than tenfold in the past three years. According to the Digital Sex Crime Victim Support Center, the number of victims of digital sex crimes, which was 1,315 in 2018, increased 3.7 times in three years to 2,087 in 2019 and 4,937 in 2020.

Among them, the number of teenage victims classified as children and adolescents increased 10.8 times in three years, and the proportion of teenagers among all age groups increased 2.8 times. There was a significant increase, with figures such as 111 people (8.4%) in 2018, 321 people (15.4%) in 2019, and 1,204 people (24.2%) in 2020.

These digital sex crimes refer to sex crimes that occur online and offline through digital devices and information and communication technologies. It includes acts that violate the sexual autonomy and personality rights of others in cyberspace, including filming, distributing, storing, and displaying another person's body without consent.

The N Room incident, which caused social outrage, also constitutes a digital sex crime. The scope of digital sex crimes includes pornography for children and adolescents, including those filmed through threats, coercion, grooming, etc., illegal recordings using modified cameras, synthetic edits (deepfakes), etc.

The punishment for digital sex crimes is never light. In the case of illegal filming, pursuant to Article 14, Paragraph 1 of the Special Act on the Punishment of Sexual Crimes, etc., a person may be subject to imprisonment for up to 7 years or a fine of up to 50 million won. Possessing, purchasing, storing, or viewing digital sex crime materials can result in imprisonment of up to 3 years or a fine of up to 30 million won.

Digital sex crimes targeting underage teenagers are subject to more severe punishment under the Act on the Protection of Children and Adolescents from Sexual Offenses (Acheong Act) compared to sex crimes against adults stipulated in other laws. Producing sexually exploitative material targeting minors is punishable by life imprisonment or a fixed-term prison sentence of 5 years or more.

Because the offense of violating the Acheong Act is so serious, there is a high probability that even a first-time offender will be sentenced to prison. This is because only prison sentences are prescribed without fines for most sex crimes against minors, and in addition, strong security measures for sex crimes such as registration of personal information, disclosure of notices, and employment restrictions are also imposed.

Digital sex crimes are crimes that are punished strictly because they occur online, the perpetrator's criminal awareness is low, and the victim suffers enormous psychological damage. Even though related policies have been revised and laws have been strengthened, digital sex crimes are still prevalent.

The damage caused by the false solicitation law targeting minors is moving from SNS to the metaverse. If access to the metaverse under the pretext of role-playing or situational play leads to online sexual harassment, or if it leads to direct harm offline, it is necessary to respond with the help of a criminal lawyer. (Attorney Jae-guk Shim, Daeryun Law Firm)

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