[Seocho-dong Legal Talk] Sexual Harassment Amid "Embarrassing Noise" Dispute with Neighbor Saying "We Should Also Make Noise"

"Embarrassed to Hear, Will Stop" Proposal... Fake Moans Toward Office-tel Wall Together
"Too Soft Acting Tone... Let's Make It Louder," Defendant Physically Contacted
Court: "Constructive Intent"... Fined 5 Million Won

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] On the night of October 22, 2020, at 10 p.m., in a officetel in Seoul, the doorbell of Mr. A's (40, male) studio apartment rang. Ms. B (28, female) from the next door came to complain, saying, "The sounds of sexual intercourse are too loud." Mr. A, who was alone, could not have made such sounds. When Mr. A followed Ms. B out to the corridor, embarrassing noises were leaking from the opposite neighbor's unit, 'Room 204.' The sounds were even louder inside Ms. B's apartment, which shared a wall with Room 204.

Stopping Ms. B, who was about to angrily storm into Room 204, Mr. A said, "If you do that, it might lead to a fight. What if we make noises together here, pretending to have sex, so the neighbors hear and feel embarrassed and stop?"

Ms. B accepted Mr. A's suggestion. Thus, the two stood side by side in Ms. B's apartment, facing the shared wall, and began making 'fake moaning sounds.'

During this process, trouble occurred. Mr. A hit Ms. B's buttocks, saying "It's too much like acting. Louder," tried to kiss her, and even moved his body back and forth from behind, pressing certain body parts against her. Feeling strong discomfort, Ms. B said, "This is not right. Let's stop," and refused, saying, "It would be better to talk directly to the neighbor."

Mr. A left Ms. B and went to Room 204 to warn them instead, then returned to his own apartment shortly after. Four days later, Ms. B reported Mr. A to the police, saying, "I didn't want to make a big issue among neighbors, but the more I think about it, the more I feel shame, disgust, and anger." She moved back to her hometown a month later. The prosecution indicted Mr. A on charges of sexual assault.

On November 10 last year, the final hearing of Mr. A's trial was held in a courtroom on the 5th floor of the Seoul Central District Court. Below is a scene from the defendant's interrogation that day.

Defense attorney: The defendant said it was okay to hit the buttocks, and the victim agreed, so you did it, right? (Defendant: Yes)

Defense attorney: Then, since the sound was not loud enough, you suggested hitting the thigh, correct? (Defendant: Yes)

Defense attorney: However, while moving your body back and forth from behind, it is possible that your lower body momentarily touched, right? (Defendant: Yes)

In his closing argument, the defense attorney claimed, "It is hard to readily accept that the victim, who agreed to make noises together, silently endured about 10 hits. I doubt whether this was a situation where the victim was one-sidedly victimized. I cannot dismiss the suspicion that the victim later regretted having to do this."

Mr. A stated in his final statement, "Regardless of guilt or innocence, I know I cannot avoid moral condemnation. I am ashamed. I will deeply reflect to ensure this never happens again."

Judge Yoo Donggyun of the Criminal Division 13 at Seoul Central District Court recently found Mr. A guilty, stating, "It can be recognized that the defendant had at least a negligent awareness and intention to sexually assault the victim." The judge sentenced Mr. A to a fine of 5 million won and ordered him to complete 40 hours of a sexual violence treatment program.

Judge Yoo added, "Although the victim suffered mental distress, and while sexual assault is never justified, I considered that the defendant may have misjudged the victim's intentions prematurely."