Teenager Acquitted of "Sexual Assault" Charge After Sexual Intercourse Under "100 Days Smoke-Free" Condition

[Image source=Yonhap News]

[Asia Economy Reporter Na Ye-eun] A teenage girl who was prosecuted for false accusation and perjury after filing a complaint against a peer male claiming "I was sexually assaulted" was acquitted again in the appellate court following the original trial.

The Criminal Division 3-2 of Changwon District Court (Presiding Judges Yoon Sung-yeol, Kim Ki-chung, Jang Jae-yong) announced on the 23rd that A (19, female), who was prosecuted for false accusation and perjury but acquitted in the first trial, maintained the original verdict in the appeal trial.

Previously, in April 2018, A had agreed with B (19, male) during a phone call that if B succeeded in quitting smoking, they would have sexual intercourse. Subsequently, on July 28 of the same year, they drank together at B’s house and had sexual intercourse.

Afterwards, A filed a complaint at Namhae Police Station in Gyeongnam, stating that "B raped her and should be punished." It is known that during investigations by the prosecution and other agencies, she also stated that "B forcibly laid her down and sexually assaulted her."

However, B was acquitted of the rape charges in court.

Following this, B countersued A for false accusation and perjury, but this was also judged as not guilty. The court considered factors such as the difficulty of acting rashly when alone at home and inconsistencies in B’s testimony.

The appellate court also accepted that the first trial’s judgment was appropriate and dismissed the prosecutor’s appeal.

The appellate court stated, "It is difficult to see that they had planned or agreed to have sexual intercourse on the condition of quitting smoking," and pointed out, "Although A expressed discomfort with having sex without a condom, the fact that no condom was used during intercourse raises suspicion that the sexual act was without consent."