사이버성폭력 피해의 특성과 근절을 위한 대응방안 - 비동의유포 성적촬영물을 중심으로-

Abstract

As cyberspace is being expanded due to the improved internet environment and increased usage of smartphones, cyber sexual violence is also taking more diverse forms, causing a number of social issues. ‘Distribution of sexual videos without consent,’ commonly referred to as ‘revenge porno,’ is a form of such cyber sexual violence and is a serious crime in which a person distributes videos of private sexual intercourses in cyberspace. Filming and distributing without consent such sexual videos is considered as ‘crime of taking photos by using cameras’ and punished according to Article 14 of 「Act on Sexual Crime of Violence」. Distributing videos of an individual’s private sexual intercourses is a serious crime which causes the victim to take drastic measures including resigning from employment, changing names, receiving plastic surgery, committing suicide and moving abroad due to difficulties in leading an ordinary life and should be punished severely according to its unlawfulness. However, legal loopholes occurs as distribution is not being punished severely enough under ‘crime of taking photos by using cameras’ and aspects of cyber violence regarding secondary distribution of videos of victims are not being fully taken into account. Currently the victim cannot accuse secondary distributors of ‘crime of taking photos by using cameras’ even though videos of the victim’s sexual intercourses are being continuously circulated in cyberspace if personal information of the primary assailant who filmed and distributed sexual videos without consent is unknown, videos are filmed in the state of mental weakness, or if sexual videos are distributed through hacking or by losing filming devices. This makes it difficult for victims to receive support and protection from the government as victims of sexual violence. Victims are also required to prove that videos of their sexual intercourses are ‘sexually obscene material’ in order to accuse distributers of the videos of ‘crime of distributing sexually obscene material’ according to Article 44 of 「Act on Information and Communications Network」. Thus, 「Act on Sexual Crime of Violence」 should be revised so that it covers punishment of secondary distributers as well. Furthermore, unwillingness to receive police reports and offer consultation, lack of expertise in cyber sexual violence, delayed investigation and the unorganized manual for helping victims of cyber sexual violence when victims visit the police to report distribution of sexual videos without consent are said to be reasons for avoiding or withdrawing from consultation or accusation. Hence, investigation systems for cyber sexual violence within the police should be unified and a new investigation unit for cyber sexual violence should be established. It is also essential to regulate and monitor operators of online and circulation platforms making profits by circulating videos of victims. Links between internet service providers who make profits by circulating videos of victims as their contents and those who make profits by deleting videos of victims have been revealed, which needs to be dealt with at the national level. Distribution of sexual videos without consent can be considerably reduced through regulation on operators of online and circulation platforms. It is the only sexual violence which can be reduced directly through the government’s strong intention.