A recent decision by the Supreme Court of Korea may make defending against rape charges a little easier for defendants. The Defendant in the case was convicted by a Korean District and High Court for rape and was sentenced to 1 1/2 years in jail.
Facts Found by the Court
The Supreme Court found, among other things, the following facts:
- The defendant was the ex-boyfriend of the Accuser;
- The Accuser had a boyfriend;
- The Accuser was drunk and the Defendant may have been drunk on the night of the alleged rape;
- The Accuser and the Defendant met each other “spontaneously” and drank together;
- The Accuser and the Defendant went back to a motel room together;
- The Accuser and the Defendant had sex;
- The Accuser screamed that “this is rape” and the Defendant stopped having sex with the Accuser;
- The Defendant noted that he would take the Accuser to her home, but she demanded to be taken to her boyfriend’s home; and
- After the alleged rape the Accuser and the Defendant exchanged texts on numerous occasions and the Accuser never mentioned rape.
Opinion of Supreme Court The Supreme Court overturned the opinion of a District and a High Court in Korea noting, in part, that: “As he refrained from his sexual advances when the Accuser warned him, we doubt that the sex was really against her will.” The Court seems to be noting that prior to the exclamation that “this is rape” the action was consensual.
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