You Could Become a Sex Offender for Instagram DM Sexual Harassment (통매음)

If you are reading this, you may be facing a crisis after being accused of the crime of obscene acts using a telecommunications device via Instagram.

Some people send sexual jokes or messages amounting to sexual harassment through direct messages on personal SNS channels such as Instagram.

Even if such conduct was done out of curiosity or interest, if the other party feels sexual shame or suffers from repeated such conduct, this can be punished as a crime such as obscene acts using a telecommunications device.

Since a conviction on this matter constitutes a clear sex offense, unless you establish a sound initial strategy and obtain a Suspended Indictment, you may be branded a sex offender and have a sentence enforced, and even a fine may result in disclosure of personal information or restrictions on employment through security disposition.

Therefore, if you are under investigation for Instagram DM sexual harassment, you must respond by establishing an early-stage strategy with the assistance of a legal professional.

In that spirit, today, at LAWFIRM LEAP, where experienced attorneys from large law firms and former police backgrounds practice, we will explain, from the perspective of the police, how to properly demonstrate innocence at the investigation stage so that it will be accepted.

01Instagram DM Sexual Harassment Can Result in Punishment for Obscene Acts via Telecommunications

When people post messages or comments amounting to sexual harassment on cyberspace platforms such as Instagram or YouTube, some do not realize this can constitute a sex offense, and continue to take the matter lightly even after being accused.

However, if a person conveys words, writing, video, or images likely to arouse their own or another person's sexual desire through a telecommunications device, causing the other party sexual shame or disgust, this constitutes an offense of obscene acts using a telecommunications device punishable under Article 13 of the Act on Special Cases Concerning the Punishment of Sexual Crimes.

Article 13 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Obscene Acts Using a Telecommunications Device) A person who, for the purpose of arousing or satisfying his or her own or another person's sexual desire, causes another person to receive words, sounds, writing, images, video, or objects that cause sexual shame or disgust through a telephone, mail, computer, or other telecommunications device shall be punished by imprisonment for not more than two years or a fine not exceeding twenty million won.

Since the severity is not minor and the fine threshold is also high, and a fine or heavier sentence entails implementation of sex offender security disposition, if you have received a complaint on this matter, you must seek a response strategy with a legal professional from the outset.

You should consider whether the content of the complaint is factual, whether the other party's claims have basis, and whether your conduct is legally subject to punishment, and determine whether to acknowledge the charge or argue for being Cleared of Suspicion, adjusting your strategy accordingly to obtain the most favorable leniency.

Therefore, you should respond with the assistance of an experienced attorney who understands the investigation process well and has handled numerous sex offense cases, so as to avoid punishment for obscene acts using a telecommunications device.

02Instagram DM Sexual Harassment: Summary by Situation

1) Where the charge of obscene acts using a telecommunications device is likely to be recognized

If your conduct meets the legal elements of the offense, intent is recognized, and you engaged in the conduct habitually and repeatedly while knowing it was a crime, then the offense is established.

Also, if you have prior convictions for the same type of offense, leniency will be difficult to obtain; you should acknowledge and show remorse for your wrongdoing during the police investigation, and appeal for leniency while showing a resolve not to reoffend.

In particular, since records on platforms such as Instagram usually remain, if the evidence points to guilt, it is better to seek a response strategy with a legal professional rather than deny the allegations.

In particular, since your statements and attitude at the early stage of the case are important, you should give consistent and specific explanations, acknowledge the offense, and show remorse so that these are considered mitigating factors, and it is also important to reach a settlement with the other party quickly.

In this case, a settlement amount for the sex offense victim is necessary; however, since there is no clearly defined standard for criminal settlement amounts, the victim may demand a large sum depending on the circumstances.

Therefore, you should be able to reach a settlement quickly, and should demonstrate that you have diligently maintained your job or studies and that a conviction on this matter would jeopardize your employment.

Please keep in mind that a settlement completed during the investigation stage is favorable for obtaining a Suspended Indictment, and can allow the matter to be concluded without security disposition or a criminal record.

2) If you can argue that you are not guilty of the charge of obscene acts using a telecommunications device

If there are contradictions in the victim's statement, or it is untrue, or if the claims lack sufficient basis, you should argue that you are Cleared of Suspicion in order to avoid punishment for the sex offense.

In particular, if you did not unilaterally send content amounting to sexual harassment, and if both parties consented and exchanged obscene photos, videos, or messages, you should present the chat history and other evidence of this mutual consent as grounds.

If the complaint cites only the portions favorable to the other party, you may request expert assistance to restore the chat records through forensic investigation and submit them as evidence.

Even with the same evidence, the likelihood of establishing Cleared of Suspicion may vary depending on which attorney assists you, so it is realistically advantageous to respond with a legal professional who has strong analytical ability.

You should never reach a settlement before sufficient analysis and evidence-gathering has been completed.

Settling with the other party is equivalent to admitting the charge, undermining the consistency of a claim of being Cleared of Suspicion, making it difficult to obtain a favorable ruling.

Therefore, if you are unjustly facing an obscene-acts-using-a-telecommunications-device case, or facing a crisis due to matters that differ from the facts, rather than making hasty statements from the outset, you should proceed through the investigation stage together with an experienced attorney so as to take consistent, logically grounded, and favorable initial action.

Because we have investigation experience, we can respond effectively to investigations.

Our attorneys at LAWFIRM LEAP have worked at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee, handling various sex offense cases, and as former police officers, possess in-depth and effective know-how in responding at the initial investigation stage.

Therefore, in a case like this, we emphasize that working with our attorneys at LEAP to analyze your case is essential to accurately assess the situation and achieve a favorable outcome.

In particular, our attorneys at LEAP promise to be with you from the beginning to the end of your case, establishing a customized strategy tailored to your situation and achieving the best possible outcome for you.

If, after reading today's content, you wish to work with LEAP as your legal counsel to respond to the initial investigation strategy, please contact us promptly at the number below.

An expert who truly understands investigations will find the solution you need.

Thank you for reading this long post.