Sexual Harassment by a Woman Carries the Same Punishment: "No Sentencing Factors Differ"

20s Sentenced to Prison for Forcible Molestation of Same-Sex Acquaintance
Court: "Gender Difference Not a Sentencing Factor"
Fine Overturned, 1 Year 6 Months Imprisonment

In the appellate trial of a woman in her 20s accused of molesting a person of the same sex, the court ruled that the gender difference between the perpetrator and the victim should not be considered a significant sentencing factor.

On the 28th, the 3rd Criminal Division of the Daejeon High Court (Presiding Judge Jeong Jae-o) overturned the original fine of 5 million won and sentenced A (22) to 1 year and 6 months in prison in the appeal trial for charges of forced molestation causing injury. The court also ordered 40 hours of participation in a sexual violence treatment program.

A is accused of forcibly removing the coat of the victim B (26, female) and attempting to kiss her while molesting several parts of her body at A’s home in Galma-dong, Seo-gu, Daejeon, around 9:18 a.m. on October 31, 2020, immediately after entering the house together with B.

At the time, B strongly expressed refusal and tried to leave, but A grabbed B’s hair and said, "I like you, why don’t you recognize it?" while using force. In particular, during this process, when B tried to report to the police, A took B’s phone and threw it away.

A is also accused of causing injury by pulling B’s hair while another acquaintance came in after buying alcohol and tried to stop A. B ultimately suffered injuries requiring about two weeks of medical treatment, including to the knee area.

The first trial court applied the charge of forced molestation, stating, "The guilt is not light as the victim was forcibly molested, and the victim’s sexual self-determination right was violated, causing considerable sexual discomfort and humiliation." The court sentenced A to a fine of 5 million won and ordered 40 hours of participation in a sexual violence treatment program. Both A and the prosecution appealed the first trial verdict.

A claimed that emotions escalated leading to a physical struggle, denied molestation, and argued that B’s testimony was unreliable because she had been drinking at the time.

On the other hand, the prosecution argued that A forcibly molested B and caused injury through assault during the process, thus the charge should be forced molestation causing injury rather than simple forced molestation. The court judged B’s testimony to be credible, noting it was specific, consistent, and difficult to fabricate without experience.

The appellate court stated, "Despite having a boyfriend, the perpetrator had feelings for the victim and molested her. When the victim resisted and tried to escape, the perpetrator grabbed her hair and dragged her to the bed, causing injury, which is a very serious offense." It added, "Since cases where the perpetrator and victim are of the same sex are rare, it is difficult to find legal or academic grounds to recognize a significant difference between opposite-sex and same-sex cases, and thus the court did not consider the gender difference as a meaningful sentencing factor."

Furthermore, the court explained, "The defendant denies the crime and claims the victim’s memory is distorted due to homophobia, refusing to apologize. The victim is petitioning for severe punishment, and considering the high likelihood of blameworthiness, this was taken into account."

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