A man in his 20s who was accused of raping a high school girl in an apartment basement emergency staircase was acquitted. Photo by Yonhap News
[Asia Economy Reporter Hwang Sumi] A man in his 20s who was tried on charges of raping a high school girl in an apartment basement emergency staircase was acquitted.
According to the legal community on the 19th, the Criminal Division 11 of Uijeongbu District Court acquitted Mr. A, a man in his 20s, who was indicted for violating the Act on the Protection of Children and Juveniles from Sexual Abuse (rape).
Mr. A was brought to trial on charges of raping high school girl Ms. B in the apartment basement emergency staircase in broad daylight last May.
At the time, he was investigated to have sat on the stairs talking, touched Ms. B’s body, undressed her, and then committed the crime.
Two hours after the incident, Ms. B reported to the police that she had been sexually assaulted.
Ms. B submitted a handwritten statement to the police detailing the damage, saying, "I resisted but was eventually assaulted," and "He laid me down and did it."
The 'Sexual Violence Victim Medical Record' prepared at the hospital also showed that there was physical contact between Mr. A and Ms. B.
However, Mr. A denied the charges, claiming it was a "consensual relationship." While acknowledging facts such as the time, place, and sexual intercourse with Ms. B related to the case, he argued that it was not rape.
The court paid attention to Ms. B’s testimony. Ms. B reversed or made new claims in court compared to her statements to the police and other investigative agencies.
Also, the details of the damage did not match her statements. Previously, Ms. B testified to the police and investigative agencies that she suffered sexual assault on important and specific parts of her body. However, in court, she stated that she suffered quasi-rape on specific body parts.
The apartment CCTV footage also influenced the court’s judgment. According to the footage, immediately after the incident, Ms. B walked while holding cosmetics and appeared to be fixing her makeup.
Afterward, Mr. A left the entrance while looking at his phone and walked in a different direction from Ms. B. Upon seeing this late, Ms. B turned around and followed Mr. A.
Regarding this, Ms. B testified, "I followed him because he said he was going to smoke a cigarette."
The court found the credibility of the victim’s testimony to be low and considered that the remaining evidence was insufficient to recognize the charges against Mr. A.
The court stated, "It is difficult to understand why Ms. B, the sexual violence victim, did not avoid Mr. A immediately after the incident but rather followed him," and "Since there is no proof of the criminal facts of this case, the defendant is acquitted."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
