Supreme Court: Sexual Intercourse After Deceiving a Minor Constitutes Rape by Fraud

Unanimous Decision to Overturn and Remand... "Conviction for Rape by Deception Established"

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has ruled that an adult who has sexual relations with a minor, even with the minor's consent, can be punished for sexual assault by deception.

The Supreme Court en banc (Presiding Justice Min Yusook) on the 27th unanimously overturned the lower court's acquittal of Kim (36), who was charged with violating the Act on the Protection of Children and Juveniles from Sexual Abuse (sexual assault by deception), and remanded the case to the Gwangju High Court.

The court stated, "If the perpetrator caused the victim to have a misunderstanding, misconception, or ignorance for the purpose of sexual intercourse and used the victim's psychological state to achieve the purpose of sexual intercourse, a causal relationship between deception and sexual intercourse can be recognized," adding, "The crime of sexual assault by deception is established."

However, the court added, "The mere existence of deceptive behavior does not establish the crime of sexual assault by deception. Among the content of the deceptive behavior, there must be circumstances that constitute an important motive for the victim to decide to engage in sexual activity, and it must be evaluated that the victim did not exercise voluntary sexual self-determination."

In particular, the court judged, "The victim was deceived by Kim into having sexual relations, and the situation in which the victim was mistaken was an important motive for deciding to engage in sexual intercourse. It is difficult to view this as a voluntary and sincere exercise of sexual self-determination," and "Kim caused the victim to have misunderstanding, misconception, or ignorance for the purpose of sexual intercourse and used the victim's psychological state to have sexual intercourse with the victim. Therefore, Kim's sexual act can be evaluated as being by deception."

Earlier, Kim deceived online by pretending to be an 18-year-old male named A and dated a minor, Ms. B. He was charged with having sexual relations with Ms. B by deceiving her, saying, "To get rid of a woman stalking me (A), you have to have sexual relations with my senior."

Subsequently, the Supreme Court referred the case to the en banc, stating that even if a minor with discernment consented to sexual relations, if there was a misunderstanding or error regarding other conditions, it is necessary to review whether it can be considered sexual assault by deception.

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