Supreme Court: "Victim's Recantation of Sexual Harassment Testimony... Should Not Automatically Discredit Credibility"

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that if the changes in testimony are not directly related to the main content of a sexual harassment case, the credibility of the victim's testimony should not be dismissed even if some statements change in court.

On the 26th, the Supreme Court's 2nd Division (Presiding Justice Ahn Cheolsang) overturned the lower court's acquittal in the appeal trial of Mr. A, a man in his 60s charged with forcible molestation, and remanded the case to the Uijeongbu District Court. Considering that victims of sexual violence cases have frequently been exposed to "secondary harm," the court emphasized that the evidentiary value of testimony should not be lightly dismissed without fully considering the specific circumstances of each victim.

Mr. A was prosecuted for forcibly molesting victim Ms. B for about five minutes in 2019 by pressing his body against her on the subway and putting his hand under her skirt.

Ms. B consistently testified to Mr. A's molestation, but during the investigation, she stated that "Mr. A molested me with his left hand holding a briefcase," and then changed her statement in court to "he molested me with his right hand." She also added details about the location, timing, and subsequent circumstances of the incident in court.

In response, the first trial court stated, "Ms. B clearly explained the reasons for changing her testimony and gave consistent statements regarding the overall molestation," and "considering that she had no reason to give false testimony against Mr. A in court, her testimony is credible and the molestation can be recognized." The court found Mr. A guilty and sentenced him to a fine of 8 million won.

On the other hand, the second trial court acquitted Mr. A, stating, "It is difficult to accept that Ms. B endured forcible molestation for five minutes without objection." It also pointed out inconsistencies in Ms. B's testimony regarding the molestation and indirect facts, and noted that it was unreasonable that her testimony increased over time.

However, the Supreme Court ruled to re-examine and reconsider the case. The court stated, "The changes in the victim's testimony mostly lack direct relevance to the charges and are merely circumstances that could be subject to change." It added, "The lower court erred in its legal understanding of the evidentiary value of the evidence, which affected the judgment," and thus overturned and remanded the case.

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