Victim Shed Tears, Apology Text Was Sent...Why the Prosecution Handed Down a "No-Suspicion" Disposition

Prosecution: "Could Not Recognize the Intent to Refuse"...Concludes "No Suspicion of Rape" Based on Polygraph and Other Evidence

A man in his 20s who had been under investigation on charges of sexually assaulting a woman he came to know received a no-suspicion disposition from the prosecution.

According to the legal community on the 10th, the Seoul Southern District Prosecutors' Office recently handed down a non-indictment disposition against Mr. A, who had been referred on rape charges, citing insufficient evidence and other grounds.

Mr. A was accused of forcibly sexually assaulting Ms. B, a woman he came to know through social networking service (SNS) in 2024, in the course of having sexual relations.

Ms. B claimed during the investigation that although she clearly expressed her intent to refuse, Mr. A ignored it and forced the sexual relations.

On the other hand, Mr. A completely denied the charges, countering that it was a relationship by mutual consent. He also protested his innocence, saying that after the incident Ms. B continuously demanded settlement money.

As a result of the investigation, the prosecution judged that, considering factors such as the victim shedding tears immediately after the incident and demanding that he leave, and the fact that Mr. A sent an apology message, there was a possibility that the victim had an intent to refuse.

However, comprehensively considering factors such as Mr. A consistently stating during the investigation that he did not recognize the intent to refuse, and that no particular deceptive response was confirmed in the polygraph examination of either side, the prosecution found it difficult to recognize the charges.

Also, on the basis of factors such as the victim not mentioning anything related to the incident even while talking on the phone with her boyfriend immediately after the incident, the prosecution judged that it was difficult to conclude that the victim was placed in a state in which she could not resist due to coercive assault or intimidation.

Attorney Jo Yeong-gon of Daeryun LLC, who represented Mr. A, said, "Based on objective circumstances and evidence, we demonstrated that there was no coerciveness or criminal intent," adding, "In the course of the investigation, the facts were sufficiently confirmed, and a no-suspicion disposition was handed down."

Reporter Gong Hye-rin heygong00@kyeonggi.com

[Read Full Article]
Victim Shed Tears, Apology Text Was Sent...Why the Prosecution Handed Down a "No-Suspicion" Disposition (Go to link)