South Korean politicians seek to criminalise ‘semen terrorism
Politicians in South Korea are seeking to
make amendments to existing laws in order to make “semen terrorism” a
punishable sex crime.
The move comes after a string of
controversial court verdicts that have punished men who secretly ejaculated
onto women’s belongings for “property damage”, and not for sexually criminal
behaviour.
Lenient court rulings and societal
attitudes towards sex crimes in South Korea have come under increased criticism
over the past few years and in light of the global #MeToo movement.
The act of secretly delivering or smearing
semen onto someone else, also known locally as “semen terrorism”, has now
become a case in point, with local activists highlighting the lack of an
adequate legal framework to punish what they consider to be clearly a sex crime.
In 2019, a man who soaked a woman’s shoes
with semen was given a 500,000 won fine ($435). Police said at the time the
investigation was carried out on charges of “property damage” because there
were no legal provisions to apply sex crime charges.
That same year, a man was sentenced to
three years in prison for “attempted injury” among other charges after spiking
a woman’s coffees with laxatives and aphrodisiacs as revenge for rejecting his
love advances. Despite also adding his semen and phlegm to the mix and to other
items 54 times, the crime was not recognised as a sex crime because no forced
sexual assault was established.
And in May 2021, a male civil servant was
sentenced to a fine of 3m won on charges of “property damage” for ejaculating
inside his female colleague’s coffee tumbler six times over the course of half
a year. The court judged that his actions “ruined” the utility of the
container. Local media continue to report on many more instances of “semen
terrorism”.
According to South Korean law, a
perpetrator must exercise violence or intimidation in order for the offence to
be recognised as a sex crime, such as molestation or rape. Also punishable are
digital or online sex crimes.
The victim [in the coffee tumbler case] was
sexually humiliated, but it was not considered a sex crime because it was not
seen as involving direct physical contact,” Baek Hye-ryun, a lawmaker of the
ruling Democratic party who is trying to change the law, told the Guardian. “By
charging the perpetrator with ‘damage of property’, his act was judged to have
infringed on the utility of the tumbler.”
Baek submitted an amendment bill to the
national assembly last month that seeks to expand the scope of punishable sex
crimes to include non-physical contact through the delivery of objects or
substances that cause sexual shame. “Sex crimes need to be interpreted from the
victim’s point of view,” she said.
A similar bill was submitted by Baek’s
fellow party parliamentarian Lee Su-jin in December last year which also
proposes to expand the definition of “indecent acts” by amending the country’s
criminal code. Both bills have yet to be discussed at the national assembly.
There have been several instances where
judges have acknowledged “semen terrorism” to be acts of molestation in the
absence of physical contact, but around 53% of recent related court cases have
handed perpetrators suspended sentences, according to an analysis by Women’s
News.
Out of 44 recent police cases, 26 were
charged with molestation, and 17 with property damage, suggesting differing
interpretations of existing laws that the proposed amendment would clear up.
Every sex crime is a crime,” said Choi
Won-jin, secretary general of the civic group Korean Womenlink, who believes
such acts are also hate crimes against women. “This isn’t a random act of
violence in the street, it’s targeting a specific gender.”
South Korea has seen some progress in
recent years when it comes to improving the legal system. Possession of illegal
sexual videos is now punishable by up to three years in prison, and stalkers
will soon face heavier punishments.