[People Met Through Books] "Firmly Standing Against Secondary Harm in Sexual Crimes Is Our Collective Duty"

'Perfect Victim' Author Lawyer Kim Jaeryeon
Sexual Crimes Are Human Rights Violations That Are Not Easily Visible
Often Suspected of False Accusations or Specific Intent
Sees a 'Faction' Curtain in the MeToo Incident
Wants Victims to Live with Dignity
Aims to Break Prejudice Against Sexual Crimes

Victims of sexual crimes often contemplate many things before reporting the incident. Concerns such as "Will I lose my job?" or "Will my family be affected?" cause hesitation in filing a report. The situation after reporting the crime is also far from smooth. Our society, which is particularly strict toward victims of sexual crimes, questions whether they fit the mold of a "perfect victim" based on the standard of "victimhood." Victims find themselves once again in a position where they must prove that they are indeed victims.

Jae-ryun Kim, the lead attorney at the law firm On·Sesang, has been defending such victims for over 20 years. She has handled more than 1,000 cases involving sexual violence, domestic violence, victims of prostitution, marriage migrant women, and child abuse, conducting about 600 of these through pro bono legal aid activities. Her journey began right after completing the Judicial Research and Training Institute when she started working with a senior from school. Through her work in court, she realized that gender discrimination exists in our society and that women suffer from violence yet cannot break free from its shackles. Since then, she has engaged in legal aid activities for victims, serving as a counseling attorney for Women’s Hotline and the Family Law Counseling Center, a director at the Korea Sexual Violence Crisis Center, the Director of the Rights Promotion Bureau at the Ministry of Gender Equality and Family (open position), and a member of the Gender Discrimination Mediation Committee at the National Human Rights Commission. Recently, she compiled her observations, experiences, and feelings into the book Perfect Victim (Cheonnyeonui Sangsang). We spoke with Attorney Kim on the 18th about its contents.

Kim Jae-ryeon, Chief Attorney at Law Firm On·Sesang

-Victims of sexual crimes seem uniquely unable to receive comfort as complete victims. While perpetrators of other crimes are condemned, why are sexual crime victims constantly doubted and forced to conform to a certain image of victimhood?

▲One major reason is that the consequences of the crime are invisible. In sexual violence cases, the essence is the violation of sexual self-determination rights, but the results of this infringement are rarely visible to the eye. Therefore, victims are often doubted with comments like, "You look fine on the outside, so what harm did you really suffer?" and even attacked with accusations such as, "Are you falsely accusing with bad intentions?"

-Such circumstances might explain why victims hesitate to come forward even after experiencing sexual crimes.

▲The fear of sexual violence also manifests in secondary victimization. Victims often suffer secondary harm during the process of proving the crime, with their work ability, past behavior, romantic relationships, and family relations being scrutinized. We have witnessed countless cases where those who revealed their victimization endured numerous secondary harms. Hence, when individuals themselves become victims, they often shrink back and cannot raise their voices. Sometimes, even their families discourage them.

-With the ongoing #Me Too revelations, has there been a shift in society’s perspective on sexual crimes? What changes have you observed on the ground, and how do you personally view them?

▲When I saw the social impact of the #Me Too movement, I once thought there was a significant rupture in how society views victims, but that was a misconception. Sexual violence was exploited more as a tool for factional politics than as a matter of human dignity. Politicians who showed support by holding white flowers for a current female prosecutor’s #Me Too revelation remained silent about sexual violence allegations against governors from their own party. When the mayor of Seoul was accused, the "victim" was renamed as "complainant," and a banner saying "We will remember your will" was displayed upon the perpetrator’s death. What they protected was not the victim but their factional logic. At least in sexual violence cases, the political veil must be lifted. Politicians who distort the place where victims should stand are the primary secondary perpetrators.

-Your book describes the significant secondary harm victims endure during sexual crime trials, sometimes inflicted by investigators or legal professionals. However, there seem to be some positive changes in certain areas.

▲The atmosphere on the ground has improved considerably. Awareness that cases must be viewed with gender sensitivity has increased. Especially, the attitude of investigators toward victims during investigations has improved. Like most cases, expertise is crucial in sexual violence cases. It is essential to know what evidence to secure early on and to have the professional ability to open the victim’s heart and elicit vivid testimony. Although there is currently a dedicated sexual violence team, investigators rotate through criminal, economic, and women and youth teams, making it difficult to build expertise. I hope this aspect will be improved.

-Are there any other areas where you feel a particular sense of problem?

▲I hope prejudices against sexual violence victims will be broken. While the words of traffic accident victims are accepted, those of sexual violence victims are criticized with remarks like, "What’s there to brag about?" Such prejudices cause victims to shrink back and remain silent. Breaking these prejudices is one of the easiest and most important things our community can do. Also, we must firmly respond to secondary harm. When victims raise their voices against perpetrators, it is the community members, not the victims, who should confront the ensuing secondary harm. Those with common sense, free from factional logic or other vested interests, must speak up on behalf of victims.

-Your book depicts you tirelessly working to obtain evidence as a lawyer. From another perspective, this might suggest that investigations by public authorities are not adequately conducted.

▲It is the investigator’s job to secure evidence and bring criminals to justice, but one investigator handles dozens or hundreds of cases. Given the reality, it is not easy, so I tend to take direct action. Personally, I think a lawyer’s role is to prepare a table for the investigator. I try to wash the ingredients well and cook a good meal to set the table.

-Since proving the victim’s case is crucial, sexual crimes are frightening because if the perpetrator’s crime cannot be proven, the victim risks being punished for false accusation.

▲Unless there is malicious intent to falsely accuse, there is little need to worry about false accusation. Victims can explain why they were at the crime scene, why they could not refuse the perpetrator’s demands, and why the report was delayed. Even if the perpetrator is acquitted or the case is dismissed, the victim is not automatically charged with false accusation. Of course, there are rare cases where truly wronged victims are punished for false accusation, but these are exceptional. There is no need to be intimidated by the fear of false accusation. Just state the facts as they are.

-However, there are cases where false accusations are made to harm others. How can such cases be distinguished?

▲We consider conversations with the victim and evidence comprehensively. Victims are not perfect, so I try to remove prejudice and focus on the case itself. This presumes the integrity of the case, not a judgment on the person’s entire life. In extreme cases, even a person with a murder record who suffers sexual violence should be protected. However, if flaws related to the case emerge, the situation differs. In fact, during a past case, I resigned after discovering information initially unnoticed that made it difficult to consider my client a victim.

-You have worked for victims for a long time but have also defended perpetrators at times.

▲I have defended perpetrators at the request of acquaintances. However, defending a perpetrator is clearly different from endorsing their crime. In that sense, I have never sided with perpetrators. While defending defendants, I correct their misunderstandings about victims and caution them not to harbor unnecessary ill feelings or commit secondary harm. I also pay special attention to the tone during witness examinations to avoid hurting victims. I believe this has a positive effect in preventing secondary harm to victims during trials.

-You mentioned that after bearing criminal responsibility, basic life should not be attacked. You said this approach benefits both perpetrators and victims.

▲Not only despicable people commit sexual crimes. Ordinary people can also commit crimes that violate others’ sexual self-determination rights. Therefore, if they have borne strict criminal responsibility corresponding to their wrongdoing, they should be allowed to reintegrate into society after release. Blocking that path is wrong. Otherwise, cornered perpetrators are likely to deny clear charges and inflict secondary harm on victims. Also, such an atmosphere causes victims to hesitate to file complaints. I believe that strictly punishing crimes but not blocking the way back to society after reflection and serving their sentence makes our society safer. Then victims will feel less burdened and reach out to the law’s judgment more quickly.

-In that regard, a perpetrator’s extreme choice can be a huge shock to victims. In fact, a prominent politician committed suicide after his #Me Too case was revealed, and the phrase "suicide is the ultimate perpetration" from a novel was widely quoted at the time.

▲It is clearly an irresponsible and cowardly choice. Suicide can be interpreted as an admission of guilt, but it is often misinterpreted and exploited by supporters as an expression of grievance. In fact, the politician’s bereaved family filed a lawsuit against the National Human Rights Commission to cancel the decision on his sexual harassment. The first-instance administrative court dismissed the family’s claim, stating, "Although he was in a position to correct his wrongdoing or reflect on himself, he committed suicide without any explanation regarding the victim’s claims, escaping the problem and thoroughly ignoring the victim’s harm. This appears to be a choice solely to protect his and his family’s honor, and the circumstances of his death should be seen as supporting the credibility of the victim’s claims."

-What changes do you hope to see through this book?

▲I want to crack the solid prejudices. Oprah Winfrey was sexually abused by a relative at age fourteen but lived confidently at school with active support around her and is now a famous broadcaster. However, such situations are hard to find in Korea. In countries like Germany, when elementary students suffer sexual violence, their peers form teams to accompany them to and from school, but in Korea, even families hesitate to disclose the victimization. I hope the demand for a "perfect victim" and the situation where victims become "perpetrators" for refusing to settle will change. Also, I hope victims are not seen as barely surviving. Like anyone, they have days when difficult memories cause them to falter. Being victimized does not erase a victim’s ordinary life.

This content was produced with the assistance of AI translation services.