Supreme Court: "Even if some inconsistencies exist in the sexual assault victim's testimony, the overall credibility should not be denied"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that even if some parts of a sexual assault victim's testimony are contradictory, the overall credibility of the testimony should not be denied.

The Supreme Court's First Division (Presiding Justice Park Jung-hwa) overturned the original ruling that acquitted Mr. A, who was charged with rape and confinement, and sent the case back to the Busan High Court on the 13th.

The court stated, "Considering that the victim was in a state of fear for a considerable period, it is necessary to take into account the possibility that she may not remember specific details clearly," and added, "There is serious doubt whether the original court sufficiently considered the special circumstances faced by the sexual assault victim when assessing the evidentiary value."

Mr. A met Ms. B through a dating application in 2017, communicated via phone and online messenger, and met in person twice. The incident occurred during their third meeting late at night when they went to the beach together.

In the car, Mr. A accused Ms. B, saying, "Why are you not answering my calls?" then took her phone, checked it, and used abusive language. In the early hours of the next day, suspecting Ms. B of infidelity, Mr. A verbally abused her and sexually assaulted her multiple times.

Mr. A also took Ms. B's phone to prevent her from calling elsewhere. Feeling threatened, Ms. B reported to the police using another phone at a restaurant where they had lunch together.

The first trial court sentenced Mr. A to three years in prison, stating that Ms. B's testimony included specific details that would be difficult to know without direct experience.

However, the second trial court acquitted Mr. A, citing inconsistencies in Ms. B's victim testimony.

At that time, the court judged, "It is difficult to conclude beyond a reasonable doubt that Mr. A committed rape by using violence or threats sufficient to suppress Ms. B's resistance."

This content was produced with the assistance of AI translation services.