The Nth room case of South Korea , has been a hot topic for many days.
In Nth room, ‘to rap together’ is the common greeting. The women, called as dogs, slaves and menstruating things in Nth room, were forced to swallow debris in front of the camera, carve the names of the people who controlled them on their bodies and cut off their reproductive organs, whining like slaughtered animals. Meanwhile, more than 260,000 members of Nth room have joined the chat rooms, laughing and cheering.
This clandestine and frenzied purgatory of exploitation has left each of us in anguish at the suffering of the victims and in horror at the cruelty of the participants. Today, we will analyze the charge and punishment of Nth room case from the perspective of Chinese legislation on the relevant case information online.
The suspects in Nth room have formed a criminal gang. The owners of the chat rooms, under the nicknames‘godgod’ and ‘Watch man’ and ‘doctor’, who organized and led the criminal activities of the aforementioned criminal gang, shall be the principal criminals. In accordance with the criminal law, they shall be punished according to all the crimes of the Nth room they led.
So what crimes are the Nth room criminal gang suspected of? It mainly includes three categories: crime of obscenity, crime of disturbing public order and crime of infringing upon citizens' personal rights.
The crime of making, reproducing, publishing, selling or disseminating pornographic materials for profit refers to the act of making, reproducing, publishing, selling or disseminating pornographic materials for the purpose of making profits. The Nth room is filled with a large number of homemade pornographic videos, and the premise of watching is to pay for membership, which is in line with the standard for the purpose of profit. This kind of behavior which disturbs the order of managing the obscenity article and endangers the masses’ physical and mental health, shall be convicted of the crime of producing and disseminating obscenity article for profit.
Can we publish our own nude photos not for making profit?
No! One Weibo user complained to her fans after she was reported for posting nude photos of herself, saying that she didn't make any money by posting nude photos, and it was her freedom to share what she thought was beautiful, which is the act violating law in the name of freedom! Although you do not earn money, the behavior of disseminating obscenity article simply, also is banned by the law on penalties for administration of public security and criminal law! If the circumstances are serious, they shall be convicted of the crime of spreading pornographic materials (not the crime of spreading pornographic materials for profit) and may be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.In the national anti-pornography measures, every netizen should automatically incarnate as an anti-pornography activist!
Anyway, according to the investigation, some pornographic video involved in the Nth room was obtained through secretly filming, and the other was obtained by impersonating the police to deceive female victims of identity information. The former act violated the management order of special equipment for wiretapping secret photographing, and the later act damaged the prestige and normal activities of state organs, which has broken the law, and is suspected of illegally using special equipment for wiretapping and secret photographing and the crime of swaggering and swindling.
In addition to the above criminal facts, the most heinous crime in the Nth room is the crime of infringing the personal rights of citizens. The Nth room published the identity information of victim for people to entertainment, imprisoned slave, forced women to self-harm, seduced and raped during the telecast, forced women even teenagers to masturbate, which shall respectively be convicted of the crime of infringing citizens' personal information, false imprisonment, intentional injury, rape, indecency, and crime of child molestation!
Here, we will discuss the crime of child molestation which refers to an obscene act committed to a child for the purpose of sexual stimulation or sexual satisfaction by some means other than sexual intercourse. Note that the term ‘child’ here refers to a child under the age of 14, including boys and girls. The child has not formed the correct discrimination and judgment to ‘sex’, so one shall be convicted of the crime of child molestation as long as he implemented the act of child molestation, not requiring the act to carry out violence or coercion, and even if the child has agreed.
Traditional obscenity mainly includes scratching, sucking, kissing, cuddling, masturbation, sodomy and other methods. But with the development of science and technology, the claws of child molestation have gone from reality to the network. Do you know that child molestation may be determined even if you do not touch the child!
Look at the guidance case of the Supreme People’s Procuratorate -- Luo molested children in 2017: Luo threatened a 13-year-old girl to take nude photos for him to watch through QQ. The first-instance court held that the behavior of obtaining nude photos through QQ software did not constitute the crime of molesting children. Prosecutors protested, and the second-instance court found Luo guilty of molesting children and sentenced him to two years in prison. Although Luo in this case did not have direct physical contact with the injured child, his evil behavior was a serious injury of the child's personal dignity and mental health, which had the same social harm as the indecent behavior actually touching the child's body, and should be judged by law!
The Nth room criminal gang, full of crimes, is hated by both man and god. There is another group to blame for the case -- its 260,000 members, who has kept silence and enjoyed the criminal act for nearly two years which is extremely terrible after second thought and is a source of deep concern for Korean women. Under pressure from the masses to petition the Blue House to reveal the true identities of all its members, some groups rebelled, saying it was the victims' fault and they were innocent.
--Reported: I couldn't sleep because I was so wronged. I didn't commit a crime and just paid to watch legitimate adult content. Wouldn't it be better to punish the promiscuous women who post their own videos than to punish the participants in the Nth room? There wouldn't have been 260,000 participants if the women hadn't uploaded those videos, and I think they made a bigger mistake. From another point of view, shall the runner and the adulterous be convicted of the crime of deception for not offering chat room when we had paid for members? Crime of fraud? The biggest victims shall be the participants, why punished them?
Is it true?
According to the undercover reporter of Nth room, the threshold of Nth room is very high. In addition to paying high dues, their own evidence of crime is a pass. Members need to actively upload obscene videos to stay in the chat room, and only those who actually upload and participate in the heinous sexual exploitation videos are invited to the highest level of the Nth room.That means a large number of members have actively uploaded pornographic video, which may constitute the crime of spreading pornographic materials, and even some senior members may be suspected of the crime of violating the women-rights.
At the same time, according to online information, the Nth room also has sexual exploitation video trailer, sexual assault live broadcast and other modes, that is to say, members are fully likely to participate in these villainy online. According to the criminal law of China, if you know that others are going to commit rape, indecency and other criminal acts, but still deliberately provide them with financial support or verbal encouragement and suggestions, you may be determined as the accessory of those who involved in the act of rape and indecency. So, these 260,000 members, shall not only accept moral condemnation but also bear punishment as accessory in the law! The act of packaging crime as consumption is the happiness based on violating human rights and laws, which is heinous as crime!
Is it the victim's fault?
History is strikingly similar. When sexual assault occurs, victim-guilt theory is like a vine growing in a dark corner, gripping the victim's throat and preventing them from crying out for help.
On the day of the infamous Weinstein sexual assault trial, hundreds of women gathered outside the New York Supreme Court, blindfolded and singing,
‘Our abuse is violence you don't see,
it wasn't me who was wrong.
No matter where I am and what I wear,
the rapist is you...’
Yes, the victim is not wrong , but the devil who committed the crime!
We appeal to those who have the similar experience to speak out bravely, not fearing and enduring. The legislation and we everyone will protect you together!