Reason Why 40s Man Accused of Sexually Assaulting Intoxicated Teenage Woman Was Acquitted Again in Second Trial

Man in his 40s charged with sexually assaulting intoxicated teenage girl at motel
Court: "Victim blackout, insufficient evidence"

A man in his 40s, charged with sexually assaulting a teenage girl after taking her to a motel, was acquitted in the second trial. The photo is unrelated to specific expressions in the article.

[Asia Economy Reporter Park Hyun-joo] A man in his 40s who was accused of taking a drunken teenage girl sitting by the roadside to a motel and sexually assaulting her was acquitted in the second trial, following the first trial. The court cited the victim's alcohol-induced blackout (short-term memory loss) and insufficient evidence as reasons for the acquittal.

The 1st Criminal Division of the Gwangju High Court (Presiding Judge Lee Seung-chul) announced on the 4th that it dismissed the prosecutor's appeal in the appeal trial of Mr. A (44), who was charged with abduction for sexual intercourse and quasi-rape, and handed down the same not guilty verdict as in the first trial.

Mr. A was indicted on charges of sexually assaulting Ms. B (18), who was intoxicated, by taking her to a motel between 3:30 a.m. and 6 a.m. on July 3, 2020.

At the time, Mr. A was driving along a road in Gwangsan-gu, Gwangju, when he happened to see Ms. B sitting and crying while intoxicated. He then approached Ms. B and persuaded her by saying, "It's dangerous, get in the car. Let's go for a drive. If you don't get in, I will call 112," and took her to a motel in Buk-gu where he committed the crime.

Ms. B left the motel around 6:20 a.m. the same day and reported Mr. A to the police.

Mr. A explained that he took Ms. B to the motel with her consent and denied abducting her for the purpose of sexual intercourse. He also claimed that although he touched certain parts of her body in the motel, he immediately stopped when Ms. B refused, and that he did not undress her.

The first trial court ruled in favor of Mr. A, citing insufficient evidence according to the charges. Analysis of the motel's closed-circuit television (CCTV) showed that Ms. B got out of Mr. A's car on her own and walked to the motel room, and she was relatively clear when she said, "I'm f***ing sleepy."

Additionally, the fact that Ms. B sent eight text messages to her boyfriend from the time she got into Mr. A's car until she left the motel, and that Mr. A knew information about the boyfriend and his own health that he could not have known without hearing directly from Ms. B, were also grounds for the legal judgment of not guilty.

The first trial court stated, "There is no direct evidence to conclude that the victim was in a state of intoxication and mental incapacity at the time of the incident, except for the victim's statement that she only partially remembers from the time she met the defendant until she left the motel," adding, "Ultimately, the fact that the victim only partially remembers indicates that she experienced a blackout phenomenon where she could not remember parts of her own actions."

It continued, "The evidence submitted by the prosecution is insufficient to recognize that the defendant took advantage of the victim's state of mental incapacity or inability to resist to commit sexual intercourse, and there is no other evidence to support this," and explained, "Since all the charges in this case fall under the category of lack of proof of crime, the defendant is acquitted according to the Criminal Procedure Act."

The second trial court ruled on the prosecutor's appeal claiming "there was an error in fact-finding," stating, "Based on the evidence submitted, it is difficult to conclude that the charges were proven beyond a reasonable doubt," and "The original court's judgment of not guilty on the charges is reasonable and acceptable."

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