Accused of rape of woman he met at a bar... The reason why he was acquitted in both the 1st and 2nd trials

A man accused of raping a woman he met at a bar was found not guilty in the first and second trials.

On the 20th of last month, the 2nd Criminal Division of the Busan High Court dismissed the prosecutor's appeal and declared him not guilty as in the first trial at the appellate trial of Mr. A, in his 30s, who was accused of rape and attempted rape.

Mr. A tried to rape Mr. B, whom he met for the first time at a drinking party with acquaintances in 2022, but ended up attempting to rape him. A few days later, he was handed over to trial on charges of raping her again.

Mr. A denied the charges. It is said that there was consensual skinship with the victim, and there was no attempt to rape or actual rape.

The first trial court previously found Mr. A not guilty last May. The main purpose was that there were inconsistencies in the victim's statement, which was the only evidence.

The court pointed out, "The victim has reversed his statement about the situation at the time. This is a change of the initial statement made close to the date of the incident to fit the facts of the indictment, so it is difficult to believe it as it is."

It was also added that, looking at the statement that Mr. B made to his acquaintances at the time, saying, "I think I climbed on Mr. A's body and made physical contact," it is questionable whether an actual act of rape occurred.

The prosecution appealed, claiming a misconception of facts, but the same conclusion was reached in the second trial. The appellate court dismissed the prosecutor's appeal, saying, "The original trial's decision to acquit each indictment was justified and acceptable."

The appellate court said, "Male DNA was not found in the pants and underwear the victim was wearing at the time. This alone does not allow us to conclude that sexual intercourse did not occur, but when combined with the various circumstances seen earlier, the above results can also be seen as circumstances that cast doubt on the credibility of the victim's statement."

Attorney Jang Ho-cheol of the Daeryun Law Firm, who represented Mr. A, said, "If the defendant consistently denies the charges against him in a situation where the victim's statement is the only direct evidence, the victim's statement must have such high probative power that there is no room to doubt its truthfulness and accuracy."

Attorney Jang explained, "In this case, the victim frequently recanted her statement, and people around her also gave testimony that contradicted the victim's claims," ​​and added, "It appears that the court also took this into consideration when ruling her not guilty."

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Money S - Accused of rape of woman he met at a bar... The reason why he was acquitted in both the 1st and 2nd trials (link)
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