Claims, “It’s not sexual assault because I kept getting contacted.” Court sentences man to prison for raping ex-lover

A man in his 40s who was accused of forcibly dragging his ex-lover to his home and sexually assaulting her was sentenced to prison.

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.

Person A is accused of sexually assaulting victim B (35) at his residence in October last year.

The two had already 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.

The court did not accept Mr. A’s argument.

The court ruled, "The victim is giving specific and consistent statements regarding the entire crime in this case, including the circumstances in which this incident occurred, the defendant's words and actions at the time of the crime, and the way the victim resisted the defendant. If the male defendant uses physical force, it is not easy for the female victim to overcome that force."

Regarding Mr. A's claim, he said, "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 in violation of this goes against the rules of logic and experience based on justice and equity."

The legal representative of victim B.Attorney Song Min-ye of Daeryun Law Firm (Limited) said, "The problem we always face when representing victims of sexual crimes is the demand for 'victim-ness'. The perpetrator digs into this and denies the credibility of the victim's statement. In this case, the defendant denied the charges, saying that the victim did not show what a victim should naturally show. As a result of proving the damage throughout the complaint process, the defendant was able to receive a prison sentence."

[View full article]
Money S - Claims, "It's not sexual assault because I kept getting contacted." Court sentences man who raped ex-lover to prison (link) 
Segye Ilbo - Man accused of sexually assaulting ex-girlfriend, “We kept in touch with him afterward” pleads ‘not guilty’ (link) 
Edaily - “Stay in contact even after sexual assault”… Is it ‘not guilty’? (Shortcut)