Lending Money to Minors and Demanding Sexual Relations... Supreme Court Rules "Deceptive Rape"

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has ruled that an Army officer who demanded sexual relations in exchange for lending money to a minor committed rape by deception.

On the 15th, the Supreme Court's 3rd Division (Presiding Justice Min Yusook) overturned the lower court's acquittal of Mr. A, who was charged with violating the Act on the Protection of Children and Juveniles from Sexual Abuse (rape by deception), and remanded the case to the High Military Court.

In July 2019, Mr. A lent money to teenage Ms. B, whom he had met, and then demanded sexual relations under the pretext of interest. Mr. A pressured Ms. B by sending photos of her house via messages and making phone calls, and was arrested by the police.

The military prosecution charged Mr. A with rape by deception under the Juvenile Protection Act, believing he forced Ms. B into sexual relations through intimidation.

However, the first and second trial courts found Mr. A guilty of prostitution but acquitted him of rape by deception. Although Mr. A repeatedly demanded sexual relations, he did not meet the victim or make specific arrangements. The courts reasoned that Mr. A did not engage in acts that would suppress the victim’s free will.

In contrast, the Supreme Court ruled, "The fact that the time and place were not set is not a significant factor in determining whether the crime was planned concretely or whether the defendant’s actions were a means to sexual relations," and overturned the lower court’s decision. It also pointed out, "From the victim’s perspective, the defendant exercised power sufficient to suppress the victim’s free will regarding the important motive to decide on sexual relations."

However, Mr. A was convicted by the military court for the charge of conditional meetings with Ms. B (prostitution under the Juvenile Protection Act), and the Supreme Court upheld the lower court’s ruling on this matter.

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