50s Newlywed Accused of 'Raping Thai Wife' on First Night... Court's Verdict

Charged with Sexual Assault... Court Rules "Not Guilty"
"Not an Essential Violation of Sexual Self-Determination Rights"
Husband "Attitude Changed After Obtaining Korean Visa"

A court acquitted a man in his 50s who was accused of rape after having sexual intercourse with his Thai wife on their first night as newlyweds.

On the 22nd, the Criminal Division 5 of the Busan District Court (Presiding Judge Jang Gi-seok) acquitted Mr. A (in his 50s), who was charged with rape and attempted rape. Mr. A was indicted on charges of sexually assaulting his Thai wife, Ms. B (in her 20s), at a house in Busan around midnight on March 9 last year. He was also charged with attempting to rape Ms. B in the early hours of March 12, three days later.

[Image source=Yonhap News]

They were introduced to each other through an international marriage agency in July 2021 and registered their marriage on September 2. In November, they first met in Thailand and spent 4 nights and 5 days traveling together, sharing love. However, Mr. A claimed that Ms. B changed after obtaining a Korean visa in February last year.

Mr. A’s side stated, "Until February last year, Ms. B used to say ‘I love you’ in Korean on messenger apps and sent emoticons, having conversations like any other couple. But after receiving the visa, her replies became brief, and she told me to ‘speak in English’ or said things like ‘I don’t like men who talk too much,’ showing a sudden change in attitude."

They added, "Mr. A had consensual sexual relations with Ms. B on their first night as a married couple and did not use force. There were no bruises or injuries on Ms. B’s body, and Ms. B also testified that Mr. A did not physically assault her."

However, the prosecution sought a three-year prison sentence for Mr. A on charges including rape, along with orders to disclose personal information and employment restrictions. The prosecution argued, "Although Ms. B did not resist with all her might, her clear refusal expressed through words and actions should not be ignored. Even if there are suspicious circumstances regarding Ms. B’s behavior, the rest of her testimony should not be doubted on that basis."

They further explained, "Mr. A spoke to Ms. B in a coercive tone as if giving orders. Ms. B, who had no ties in Korea, was in quarantine due to COVID-19. Since she could have been forcibly deported if she strongly resisted Mr. A, it would have been difficult for her to express strong opposition through resistance."

However, the jury in the citizen trial unanimously voted for acquittal. The court stated, "It is somewhat acknowledged that Mr. A forced sexual relations on Ms. B in a somewhat coercive manner. However, it is difficult to believe Ms. B’s testimony that Mr. A used verbal abuse or the kind of violence or threats that would make resistance impossible, as defined in rape cases."

They added, "Even if sexual relations occurred through somewhat coercive methods as Ms. B claims, it is difficult to consider that it reached the level of fundamentally violating a spouse’s sexual self-determination rights, as judged by the Supreme Court."

In 2013, the Supreme Court’s full bench ruled that forced sexual relations between spouses can be punished as rape. At that time, the Supreme Court stated that while protecting a wife’s sexual self-determination rights, the degree of the husband’s violence or threats should be carefully judged by comprehensively considering the circumstances leading to the use of physical force, the usual conduct of married life, and the circumstances before and after the sexual relations.

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