20 Years Ago Sexual Assault... Supreme Court "Damages Recognized, Statute of Limitations Not Expired"

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has recognized the right of a victim of sexual assault from 20 years ago to claim damages. Although the Civil Act stipulates a statute of limitations of up to 10 years for claims for damages, the Supreme Court regarded the point when post-traumatic stress occurred as the time when the damage was realized.

On the 19th, the Supreme Court's 3rd Division (Presiding Justice No Jeonghee) upheld the second trial ruling in favor of Mr. A in the appeal trial of a damages claim filed by Mr. A against Mr. B in 2018.

Mr. B, a tennis coach, is accused of repeatedly sexually assaulting Mr. A, who was in the 3rd grade of elementary school at the time, between 2001 and 2002. Later, Mr. A met Mr. B again at a tennis tournament in 2016, recalled the memories of the sexual assault, was shocked, and was eventually diagnosed with post-traumatic stress disorder (PTSD).

Accordingly, Mr. A gathered evidence, filed a criminal complaint against Mr. B, and also filed a lawsuit for damages.

The issue was until when the right to claim damages is recognized when demanding compensation for harm suffered 20 years ago. Article 766, Paragraph 1 of the Civil Act states that the victim can exercise the right to claim damages within 3 years from the day they become aware of the damage caused by an unlawful act, and Paragraph 2 of the same law states that the right exists up to 10 years from the day the unlawful act is known.

The first trial ordered Mr. B to pay 100 million won to Mr. A. Mr. B argued that Mr. A's right to claim damages had already expired, but the appellate court judged that there was no problem because the lawsuit was filed before the short-term statute of limitations expired. In particular, it stated, "Post-traumatic stress disorder should be regarded as the damage latent in Mr. A becoming realized in June 2016 when he was first diagnosed, and this is the starting point of the statute of limitations for the claim for damages," and ruled that the long-term statute of limitations had not passed and ordered Mr. B to pay 100 million won in damages.

The Supreme Court also agreed with the second trial's judgment.

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