[Seocho-dong Legal Talk] False Accusation of 'Sexual Assault' After Adultery Exposure... "Guilty Even Excluding 'Victimhood'"

[Asia Economy Reporter Kim Daehyun] "Honorable Judge, as a young professional, I was sexually assaulted by my workplace superior, and I have never made a false report to falsely accuse anyone." (Defendant)

On the 18th of last month, in a courtroom on the 3rd floor of the West Building of the Seoul Central District Court, a woman in her 20s, Ms. A, an employee of a public institution under the Ministry of Land, Infrastructure and Transport, sobbed as she claimed to be a victim of sexual assault. However, her status was not that of a victim but a defendant accused of false accusation.

Prosecutor: "False report to hide affair"

Ms. A reported in March 2018 that her senior colleague Mr. B at work had entered her home in July 2017 and sexually assaulted her while she was intoxicated. However, Mr. B was cleared of charges, and the prosecution indicted Ms. A for false accusation. Two months before the report, Mr. B’s wife discovered their affair and filed a claim for damages, leading the prosecution to view Ms. A’s report as false.

The prosecutor presented evidence during the trial, including KakaoTalk chat logs between the two, a couple ring order form, and hotel accommodation receipts. The chat logs contained content showing that even after the sexual encounter in question, the two planned trips and decided to get couple rings.

The prosecutor stated, "The defendant falsely accused Mr. B to conceal the affair and shows no remorse, denying the crime, which is very reprehensible," and requested the court to sentence the defendant to two years in prison.

Defense: "Do not force victim-like behavior during regular employment review period"

On the other hand, Ms. A’s side denied the charges, stating that they were not in a romantic relationship. They argued that during the early days of the Moon Jae-in administration’s 'public sector regular employment conversion' policy, Mr. B acted as if exerting influence over the company, and as a non-regular employee at the time, Ms. A could not properly respond or report the situation.

The defense emphasized, "The defendant should not be attacked for not showing behavior that would be expected of a genuine sexual assault victim, i.e., 'victim-like behavior.' Consideration must be given to her anxiety as a non-regular employee awaiting regular employment review at that time."

In her final statement, Ms. A wept, saying, "I endured the painful time because I wanted to show my family that I became a regular employee, but it ultimately backfired. If I receive a sentence including probation, I will lose my job at the corporation." Ms. A’s side pleaded with the court for a non-prosecution disposition or a not guilty verdict.

Judge: "Even without applying victim-like behavior, actions are hard to accept"

On the 8th, Judge Nam Shinhyang of the Seoul Central District Court Criminal Division 17 ruled Ms. A guilty and sentenced her to six months in prison with one year of probation. The judge emphasized that they did not judge based on victim-like behavior but found intent to falsely accuse.

The court stated, "Considering the number and locations of their meetings and text messages, it is reasonable to see that the sexual encounter was consensual, and the defendant had considerable affection at that time," and "Even if the standard of how a sexual assault victim should behave is not applied, the defendant showed actions after the alleged assault that are difficult to readily accept as those of a victim."

The court further noted, "Even if Mr. B acted as if exerting influence over the regular employment conversion and behaved to gain favor from unmarried contract female employees at work, it is difficult to accept Ms. A’s claim that she was swayed by Mr. B’s unilateral advances because about 90% of candidates were converted," and "Moreover, the report was made after Mr. B’s wife filed a damages lawsuit."