What is Sexual Harassment and Sexual Assault?

Sexual Harassment refers to any action, irrespective of whether it constitutes a sexual offense, that induces feelings of sexual humiliation or revulsion. It encompasses the following scenarios

- Verbal, psychological, or physical behaviors and requests of a sexual nature that infringe upon an individual's sexual autonomy without their consent.

- Showing an intention to offer benefits on the condition of accepting the above behaviors, or imposing disadvantages for refusal or due to gender differences, in contexts such as education, academic evaluation, employment, research, and human resources.

- Acts that create an unfair environment based on gender differences.

Sexual violence refers to any sexual act perpetrated against a person's will, encompassing physical, verbal, and psychological violence. This broad concept includes the infringement of one's right to make sexual decisions for oneself.

.※ Sexual harassment and sexual violence are not differentiated based on the degree of severity of the act. Actions like sexual harassment, sexual assault, and sexual molestation can all be considered as forms of sexual violence.

Legal Provisions Related to Sexual Violence

- (Domestic Legislation) Constitution of the Republic of Korea, Criminal Code, National Human Rights Commission of Korea Act, Gender Equality Basic Act, Act on Equal Employment and Support for Work-Family Reconciliation, Special Act on the Punishment of Sexual Crimes, Act on the Prevention of Sexual Violence and Protection of Victims, Guidelines on the Prevention of Sexual Harassment in Public Institutions

- (University Regulations) Operating Regulations of JBNU Human Rights Center (as of 19.10.31)

Sexual Harassment

 

Physical Sexual Harassment

· Kissing, Hugging, Holding or embracing from behind, Touching areas such as the chest or buttocks

 

· Forcing massages or caresses

 

Verbal Sexual Harassment

· Repeatedly making crude or lewd remarks or making discriminatory or derogatory comments about the opposite sex that cause discomfort to the other person.

· Spreading rumors about someone's intimate relationships or sexual life.

· Habitually making sexual analogies or evaluations about someone's body or appearance.)

 

Visual Sexual Harassment

· Posting or displaying obscene pictures, drawings, graffiti, or pornographic materials.

· Sending lewd letters, pictures, or drawings through email or mail.

· Touching or exposing specific parts of one's body related to sexuality.

 

Sexual Service Coercion

· Forcing someone to dance or pour drinks.

· Demanding someone to wear revealing clothes to set a particular mood or atmosphere.

 

Quid Pro Quo Sexual Harassment

· When someone implies or explicitly states that refusing sexual advances or harassment will result in a poor performance review or grade, or conversely, that acquiescing to such advances will result in a favorable evaluation.

 

Hostile Environment Sexual Harassment

· Making sexual comments, evaluating someone's appearance, or engaging in inappropriate discussions during lectures or work, thereby deteriorating the learning or working environment and undermining motivation.

 

Sexual Assault

· Any act intended to arouse or satisfy sexual desires by using force or threats, causing the victim to feel sexual humiliation or disgust.

Sexual Violence (Rape)

· A gentler term used in the Criminal Code to refer to "rape" and "attempted rape". It refers to the act of forcibly engaging in sexual intercourse without the consent of the other party, or an attempt to do so.

 

Attempted Rape and Attempted Forced Molestation

·Taking advantage of a person's state of "mental incapacitation" or "inability to resist" to engage in sexual intercourse or molestation, or attempting to do so.

 

Date Sexual Violence

·Sexual violence that occurs between romantic partners

 

Digital Sexual Violence

· Includes acts like illicit filming and distribution (often referred to as 'hidden camera' or 'spy cam' incidents), sexual harassment in group chats, and creating explicit digital manipulations (known as 'revenge porn' or 'non-consensual pornography').