Court Judged 'Not Like a Sexual Harassment Victim'... Supreme Court: "Victim's Testimony Credibility Cannot Be Denied"

First Trial: 1 Year 6 Months Imprisonment → Second Trial "Some Aspects of Victim's Testimony Are Unconvincing" Not Guilty
Supreme Court "Clear Judgment on Victim's Situation; May Face Difficulties in Immediate Response"

[Asia Economy Reporter Heo Kyung-jun] The Supreme Court has ruled that the credibility of a victim's testimony should not be denied simply because there are aspects that make it difficult to accept the victim as having been sexually assaulted.

The Supreme Court's 3rd Division (Presiding Justice Noh Jeong-hee) overturned the lower court's acquittal of Mr. A (70), who was tried on charges of forcible molestation, and remanded the case to the Uijeongbu District Court on the 18th.

Mr. A was indicted on charges of sexually assaulting victim Ms. B (30), whom he met through a chat app, after taking her to a motel, putting 500,000 won in her bag as a unilateral contribution to living expenses, and then molesting her.

The key issue in the trial was whether to recognize the credibility of the victim's testimony, which was the only direct evidence.

The first trial court acknowledged that Ms. B showed somewhat difficult-to-accept behavior compared to typical sexual violence victims, but ruled that it was inappropriate to deny the credibility of the victim's testimony without considering the specific circumstances the victim faced and her psychological and emotional state. The court sentenced Mr. A to 1 year and 6 months in prison and ordered his detention in court.

However, the second trial court overturned the first trial's decision. The appellate court judged that the victim's testimony was inconsistent or had aspects that were not readily acceptable.

Considering that Ms. B, unable to directly communicate on the chat app due to an age difference of over 15 years, created a new account with a changed age and contacted Mr. A first, drove herself to where Mr. A lived, rode together in Mr. A's car, and moved to a motel, and despite meeting for the first time, did not express any refusal and entered the motel following Mr. A's invitation, the court found it difficult to accept her as a victim of forcible molestation.

However, the Supreme Court judged that the victim's testimony was credible. In sexual violence cases where the victim's testimony is virtually the only direct evidence, the court stated, "Whether the victim's testimony has credibility sufficient to exclude reasonable doubt should be carefully judged by comprehensively considering whether the main parts of the testimony are consistent and specific, whether the content is reasonable in light of logic and experience, whether the testimony itself is contradictory or inconsistent with objectively confirmed facts or circumstances, or whether there is any motive or reason to give false testimony unfavorable to the defendant."

Furthermore, the court noted, "Even if the victim tolerated a certain level of physical contact, they can refuse physical contact that exceeds that scope, and the victim may have difficulty making clear judgments or immediate responses in the situation."

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