“Song Law Firm Joins the #MeToo Campaign”
Hello from Song Dong Ho Law Firm, the “Me Too” movement is spreading across the globe. The “Me Too” campaign, which encourages women to courageously share their experiences of sexual assault with society through social media, began late last year with a proposal from Hollywood actress Alyssa Milano. It was supported by celebrities such as Angelina Jolie and Lady Gaga. The “Me Too” campaign took the U.S. by storm and has since spread to Europe, the Middle East, and now South Korea. It started with prosecutor Seo Ji-hyun. Sexual misconduct within the prosecutor’s office, an organization that is supposed to uphold the law, was enough to shock everyone, and support for Seo followed. Prosecutors, large corporations, government agencies, and members of the arts and culture community joined the “Me Too” movement.
The #MeToo campaign is clearly a positive social phenomenon. It has given victims of sexual assault an outlet for their voices to be heard. But it’s only the beginning. To date, the majority of women actively participating in Me Too are celebrities, politicians, and professionals. There are still countless victims of sexual assault who are too afraid to come forward for fear of secondary and tertiary victimization. They’re afraid of retaliation, afraid of being fired from their jobs, and afraid to speak up. In 2014, we surveyed 1,217 female employees in the fast food industry and found that 42% said they had been sexually assaulted in the workplace. What’s even more alarming is that most of them were unable to report these victimizations. Society needs to change. Companies need to change. People need to wake up.
In this column, we’re going to explore the scope of sexual violence in the workplace that most people are familiar with. The scope of sexual violence is very broad. Sexual violence can happen without physical contact, and sometimes victims don’t even realize that the behavior they’re experiencing is sexual violence. That’s why it’s important to know exactly what sexual violence means. Sexual violence is an umbrella term that includes sexual harassment, molestation, and sexual assault, and refers to “any harmful behavior that is perpetrated against the will of another person through the medium of sex. In addition to unwanted physical contact, sexual propositions, sexual glances or stares, lewd or sexual jokes, sexual comments, insults, pranks, sexually offensive gestures, and intrusive questions about your sex life can all constitute sexual violence.
For example, in the age of electronic devices, employees often communicate with each other through mobile messengers. What if a male employee tells a dirty joke to a female employee, sends her an address to an adult site, or sends her explicit photos or videos? This is sexual assault. Sexual assault can happen even if you don’t meet face-to-face and don’t speak to her directly. In Korean companies with a drinking culture, sexual violence often occurs during after-work drinks. Drunkenly demanding a love shot from a male employee or touching a female employee’s body parts are all forms of sexual assault. Some bosses make female employees pour drinks for them, saying that “a woman’s drink tastes better”. Obviously, this is sexual assault, and there are many different types of sexual assault. As the saying goes, knowledge is power, and by understanding the scope and types of sexual violence, you’ll be better prepared to respond.
Generally speaking, not all sexual assaults are criminalized, but it’s important to keep in mind that if the sexual assault above includes coercive sexual behavior, sexual contact, and confinement, it may be criminalized. And depending on how repeatedly and with what intensity the sexual assault was committed, and how much emotional distress you suffered as a result, you may also be able to recover civil damages. Next time, we’ll cover what to do if you’re a victim of workplace sexual assault, and when and where to file a report.
Sexual violence in the workplace is not a new problem, but that needs to change. It is no longer a problem that can be overlooked or ignored. However, it is not a problem that can be solved by one person changing. Society as a whole needs to change. Song Dong Ho Law Firm is here to help companies raise awareness and prevent sexual violence in the workplace while ensuring that the rights of victims are protected.
If you have any further questions about the content of this column, or if there is a law that you would like our readers to know about, please do not hesitate to contact us at mail@songlawfirm.com. I’ll incorporate them into my next column.