Sexual Assault on 8-Year-Old Daughter While Having AIDS... "There Was Abuse but No Sexual Assault"

Published 11 Mar.2022 19:20(KST)

Photo by Asia Economy

[Asia Economy Reporter Na Ye-eun] A biological father, who was charged with sexually assaulting his then 8-year-old biological daughter while infected with the virus that causes AIDS, the 'Human Immunodeficiency Virus (HIV),' partially denied the allegations at the second trial.

On the morning of the 11th, the 11th Criminal Division of Daegu District Court (Chief Judge Lee Sang-oh) held the second trial for Mr. A (38), who was indicted and detained on charges of violating the Special Act on Sexual Violence and the Acquired Immune Deficiency Syndrome Prevention Act.

Mr. A was prosecuted on charges of threatening his biological daughter and committing acts of sexual abuse and rape four times between February and March 2019.

On this day, Mr. A admitted to sexually abusing his biological daughter through acts similar to sexual intercourse but claimed that he never directly raped her.

Mr. A’s defense attorney stated, "The victim answered the investigator’s leading questions due to her low intelligence," and added, "If an actual rape had occurred, there would have been hymen damage, but there was none."

The defense also argued that although Mr. A is infected with the HIV virus, he did not commit rape, so the charges of violating the Acquired Immune Deficiency Syndrome Prevention Act do not apply.

On the other hand, the prosecution countered, "The victim’s testimony is credible, and the defendant admitted to the rape during the investigation."

If Mr. A continues to actively deny the charges, despite concerns about secondary harm, the victim child will have to testify directly in court. At the end of last year, the Constitutional Court ruled that the law allowing recorded statements made during investigations to be used as evidence instead of court testimony in cases of minor sexual crimes was unconstitutional.