"Man Acquitted of Raping Intoxicated Woman" Will the 'Quasi-Rape Case' Be Overturned? [Han Seung-gon's Incident Notebook]

"Four Men Took Drunk Woman to Motel but Acquitted"
163 Women's Groups Form Joint Countermeasure Committee... Investigation into 'Quasi-Rape Case' Begins

[Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] There have been ongoing criticisms that the punishment levels for malicious criminals who target only intoxicated women to commit crimes such as sexual assault are significantly low. The punishment standards are applied restrictively, leading to widespread criticism that proper severe penalties are not being enforced. Meanwhile, similar crimes continue to occur, prompting calls for urgent legal reforms to impose stronger punishments on perpetrators.

Current law defines the crime of "quasi-rape" as "sexual violence using a state of mental incapacity or inability to resist." However, related precedents show that in cases of intoxication described as "temporarily intoxicated or asleep due to alcohol," the state is sometimes not considered mental incapacity, leading to calls for complete legal revision.

There is also criticism that the requirement of "inability to resist" can only be interpreted restrictively, such as "cases where assault or threats are significantly difficult." Because of this, there is a growing opinion among women that the criteria for judging sexual violence, including quasi-rape alongside rape, should be changed to focus on the "presence or absence of consent" of the parties involved.

In one actual case, the perpetrator committed sexual violence against a woman who had lost consciousness but was acquitted. The reason was the lack of objective evidence that the perpetrator targeted the intoxicated state, which refers to the woman’s unconscious state.

On May 5, 2017, woman A was drinking with friends at a club and joined a man at his table to drink, after which she suddenly lost her memory. When she woke up, the sexual assault had already occurred. A reported the incident to the police, and closed-circuit television (CCTV) footage confirmed that four men dragged A, who had lost consciousness and could not walk, to a motel.

However, the perpetrators in this case were acquitted. On May 7 last year, the 9th Criminal Division of the Seoul High Court ruled, "It is clear that the victim was in a state of inability to resist, but it is difficult to prove the defendant’s intent to rape by exploiting the intoxicated state," and acquitted the perpetrators. The case is currently awaiting a Supreme Court appeal decision.

On the morning of July 7 last year, in front of the Supreme Court in Seocho-gu, Seoul, members of the Joint Countermeasure Committee for a Just Verdict in the Quasi-Rape Case held a press conference urging the strict punishment of organized sexual crimes against intoxicated women.
[Image source=Yonhap News]

In response to this situation, women's groups and civic organizations held a press conference urging severe punishment for the perpetrators and called for related legal reforms. On July 7 last year, 163 organizations, including the Catholic Sexual Violence Counseling Center, held a press conference in front of the Supreme Court main gate in Seocho-gu, Seoul, announcing the launch of the "Joint Countermeasures Committee for Just Rulings on Quasi-Rape Cases" (Gongdae-wi).

At the press conference, Gongdae-wi urged the Supreme Court to deliver a "just and reasonable ruling" on A’s case. They stated, "We hope the situation where the victim was so intoxicated that she could not exercise any rights will be examined thoroughly and without prejudice," and demanded, "Strictly investigate and punish all those who committed crimes by exploiting intoxication and those who aided such crimes."

Jeong Eun-ja, co-representative of the National Sexual Violence Counseling Center Council, pointed out at the press conference, "(In cases of quasi-rape) victims intoxicated by alcohol or drugs are in a state where they cannot accurately remember their experiences, so they end up bearing full responsibility for the sexual violence or having their sexual violence victimization denied and even suffering counter-lawsuits."

She added, "The first and second trials in this case reinforce the mistaken perception that 'sexual violence against intoxicated women is not punishable.'" Criticism also continued that crimes keep occurring while punishments remain lenient.

Meanwhile, similar crimes are still happening. According to the legal community on the 13th, the 11th Criminal Division of the Seoul Eastern District Court (Chief Judge Son Joo-cheol) sentenced a man in his 30s, B, to four years in prison for charges including quasi-rape causing injury, after finding an intoxicated woman on the street, taking her to a nearby building, and committing a similar sexual assault.

Additionally, B was ordered to complete 40 hours of sexual violence treatment programs and was banned from working in child and youth-related institutions and welfare facilities for the disabled for five years each.

The court stated, "All charges are judged guilty based on the overall evidence," and "Although there are favorable sentencing factors such as reaching a settlement with the victim, a prison sentence is inevitable given the nature of the crime and sentencing standards."

B is accused of discovering C lying intoxicated on the street on September 27 last year, taking her to a nearby building, assaulting her, and committing a quasi-rape. He is also charged with filming parts of C’s body on his smartphone. During this process, C reportedly sustained bruises.

B appealed the first trial verdict. However, regardless of the court’s sentencing rationale, there is public criticism that the punishment of four years imprisonment for injury by rape is insufficient.

A man in his 30s, office worker Kim, said, "It’s incomprehensible that such a horrific crime results in only four years in prison," and raised his voice, "The law should be changed to impose stronger punishments."

According to the 2018 counseling statistics of the Korea Sexual Violence Counseling Center, sexual violence involving alcohol and drugs accounts for 17.6% of all consultations. In 2019, the prosecution’s indictment rate for rape cases was only 44.8%. This is why women are voicing the need to revise related punishment regulations to impose severe penalties and thereby prevent such crimes from recurring.

At the Gongdae-wi press conference, Jo Eun-hee, an activist from the Korea Sexual Violence Counseling Center, pointed out, "According to the counseling center’s 2018 statistics, sexual violence involving alcohol and drugs accounts for 17.6% of all consultations, yet the judiciary is giving perpetrators a free pass. The fact that several men took a victim in an inability to resist state to a motel shows the perpetrator’s intent."