Even though a video filmed with my boyfriend's consent was distributed, is punishment for a digital sex crime possible?

Hello. This is an attorney experienced in sexual offense cases at Daeryun Law LLC.

The key point of this case is that 'consent to the filming' and 'consent to distribution' are entirely separate matters.

Even if you consented at the time of filming, if the video was later transmitted to a third party or posted online against your will, this constitutes a digital sex crime and is subject to punishment for digital sex crimes.

The 「Act on Special Cases concerning the Punishment of Sexual Crimes」 provides that, even if the recording was made lawfully at the time of filming, the act of subsequently distributing, selling, providing, or displaying it against the victim's will is itself subject to punishment.

Therefore, the mere fact of having consented to the filming does not justify the act of distribution, and if there is no separate, explicit consent to distribution, the person who committed the act may be subject to imprisonment for up to seven years or a fine not exceeding 50 million won.

Such conduct is generally called 'revenge pornography', and beyond filing a criminal complaint, the victim can exercise various legal rights, such as requesting the deletion and blocking of the video, measures to prevent further distribution, and a civil claim for damages.

What I especially wish to emphasize is that, the victim is not at fault in any way.

Consenting to the filming alone never excludes a victim from legal protection or establishes any fault on their part.

In cases involving punishment for digital sex crimes, the outcome can vary greatly depending on how one responds in the early stages.

Therefore, to secure evidence, identify the distribution routes, and take prompt deletion measures, you may wish to consult with an attorney experienced in sexual offense cases and prepare a specific response plan.