"Sexual Relations with Stepdaughter by Consent?"... Stepfather's Appeal Dismissed for 11 Years of Sexual Assault Leading to Pregnancy
[Asia Economy Reporter Choi Eun-young] The appeals of a stepfather and biological mother who repeatedly assaulted and threatened their minor stepdaughter, rendering her unable to resist, and sexually assaulted her for 11 years have been dismissed.
On the 2nd, the Criminal Division 1 of the Changwon Branch of the Busan High Court (Chief Judge Kim Jin-seok) announced that it dismissed the appeal of Mr. Park (52), who was sentenced to 25 years in prison in the original trial on 11 charges including special quasi-rape, quasi-rape within family relations, and rape of a minor under 13 years old.
At the same time, the 12-year prison sentence given to Ms. Kang (53), the biological mother who assisted Mr. Park's crimes, was upheld.
Mr. Park sexually molested his then 9-year-old stepdaughter at his home in Gimhae, Gyeongnam, around June 2006, saying, "A father can touch his daughter's body."
In 2007, he raped the stepdaughter in the presence of the biological mother. Mr. Park continued the crimes, saying, "You have a strong sexual desire, so you have to satisfy it with your father," and in 2009, he raped the 13-year-old stepdaughter together with the biological mother.
During the trial, the stepdaughter said, "I had to do this to be allowed to go out and receive pocket money," and "I even boasted to my friends that my father bought me delicious food and gave me pocket money. Otherwise, I don't think I could have endured it."
The sexual assaults continued even after the stepdaughter became a university student in 2015, and in 2016, she underwent an abortion. Afterwards, with the help of acquaintances, she sought out investigative authorities.
Mr. Park claimed in court that "the sexual relations were consensual," but the court did not accept the parents' claims.
The first trial court stated, "As a guardian, he had the duty and responsibility to protect and raise the stepdaughter so that she could grow up properly, but he neglected this duty and committed inhumane crimes."
Stepfather Mr. Park and biological mother Ms. Kang appealed, arguing, "There was no act of molestation or intercourse by exploiting the victim's psychological inability to resist; rather, the victim had consensual sexual relations about 6 to 7 times after becoming an adult."
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In response, the appellate court ruled, "By exploiting the victim's psychological inability to resist, they molested, raped, or committed quasi-rape, and considering the nature, method, and duration of the crimes, their culpability is very serious," adding, "The victim realized late that she was sexually assaulted and suffered extreme pain as her entire life was denied."
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