Court: Difficult to Consider Victims in 'Alcohol Blackout' State
Three men in their 20s who were accused of taking two middle school girls they met through a chat app to a lodging facility, making them drink alcohol, and then sexually assaulting them were acquitted. [Image source=Yonhap News]
[Asia Economy Reporter Yoon Seul-gi] Three men in their 20s, who were accused of taking two middle school girls they met through a chat app to a lodging facility, making them drink alcohol, and then sexually assaulting them, were acquitted.
The Criminal Division 13 of Uijeongbu District Court (Presiding Judge Jeong Seong-gyun) announced on the 23rd that it had acquitted A and B, who were charged with violating the Act on the Protection of Children and Juveniles Against Sexual Abuse (quasi-rape), and C, who was charged with violating the Act on the Punishment of Sexual Crimes (special quasi-rape).
A and others were prosecuted on charges of forcibly having sexual intercourse after meeting middle school girls D and E, whom they met through a smartphone chat app in October 2018, putting them in their vehicle, and taking them to an 'unmanned motel.'
According to the police investigation, A and others made D and the others continue drinking while playing a 'drinking game,' and A forcibly had sexual intercourse with D, while B and C forcibly had sexual intercourse with E. The two students expressed refusal by saying "stop," but the sexual assaults did not cease, according to the investigation.
The prosecution charged A and the other two with quasi-rape and special quasi-rape, applying related laws, stating that they "raped victims who were intoxicated and in a state of mental incapacity."
However, the court acquitted the defendants. The court stated, "It is acknowledged that the three defendants had sexual relations with the victims. The defendants claim it was consensual, but there are parts of the investigation and court testimonies that are hard to believe, and there are suspicious circumstances regarding whether there was violence, threats, or force sufficient to suppress free will," and "The indictment alleges that the defendants raped victims who were intoxicated and in a state of mental incapacity, but based solely on the evidence submitted by the prosecution, it is insufficient to conclude that the victims were in such a state at the time of the incident, and there is no evidence to recognize this," the court ruled.
It further explained the sentencing rationale, saying, "Even considering the victims' state of alcohol consumption, it appears they were not in an 'alcohol blackout' state that causes failure of memory formation."
Meanwhile, the prosecution has filed an appeal with the court, disagreeing with the court's acquittal ruling.
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