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A man in his 40s who was accused of forcibly raping his ex-lover was sentenced to prison.
He claimed innocence after the incident, saying, “I was in contact with (his ex-girlfriend),” but it was not accepted.
On the 19th of last month, the 12th Criminal Division of the Ulsan District Court (Chief Judge Kim Jong-hyuk) sentenced Mr. A (40), who was accused of rape, to 1 year and 6 months in prison and detained him in court. He was also ordered to complete a 40-hour sexual violence treatment program.
Mr. A is accused of sexually assaulting the female victim, Mr. B (35), at his residence in October last year.
The two had broken up in the same month, but Mr. A lured Mr. B to his house, saying, “I have something to talk about.”
At the time of the incident, Mr. B expressed his refusal several times, but Mr. A ignored this and committed violence by committing a crime.
At trial, Mr. A pleaded not guilty. In support of this, they cited the fact that no tangible force was used to make resistance impossible and that sexual intercourse took place with the victim’s consent.
The victim’s attitude before and after the crime was also raised. It is said that at the time, the victim did not actively express his intention to refuse and continued to communicate with him even after the incident occurred.
However, the court did not accept Mr. A’s argument.
Regarding this case, the court said, “The victim is giving specific and consistent statements regarding the entire crime in this case, including the circumstances in which this incident occurred, the words and actions of the defendant at the time of the crime, and the way the victim resisted the defendant.” “If the defendant uses physical force, it is not easy for the female victim to overcome that force,” he pointed out.
Regarding Mr. A’s claim, “Denying the reasonableness of the victim’s statement on the grounds that he assumed the reaction that an ordinary victim of sexual violence should show based on erroneous notions and acted contrary to this goes against the rules of logic and experience based on justice and equity. “He explained the reason for the sentencing.
Meanwhile, lawyer Song Min-ye of Daeryun Law Firm (Limited), who is the legal representative of victim B, said, “When representing victims of sexual crimes, the problem we always face is the demand for ‘victim-ness’. The perpetrator digs into this and tries to verify the credibility of the victim’s statement. “I deny it,” he said. “In this case, the defendant denied the charges, saying that the victim in this case did not show the things that a victim should naturally show, and as a result of proving the damage throughout the complaint process, the defendant could have been sentenced to prison.”
Reporter Lee Dong-jun blondie@segye.com
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Source: www.segye.com
