Woman in Her 30s Who Falsely Reported Sexual Assault Receives Suspended Prison Sentence

Court: "False Accusation Is a Serious Crime... Responsibility Is Not Light"

A woman in her 30s who falsely reported being sexually assaulted has received a suspended prison sentence.

On the 27th, Presiding Judge Kim Byunghwi of the Cheonan Branch of Daejeon District Court's Criminal Division 4 sentenced Ms. A (34, female), who was indicted without detention on charges of false accusation, to 10 months in prison, suspended for 2 years. The court also ordered 160 hours of community service.

Ms. A was brought to trial on charges of reporting to the police that she had been sexually assaulted, despite having consensual sexual intercourse with Mr. B after drinking together in Asan, South Chungcheong Province, in June last year.

During the police investigation, Ms. A stated, "I was subjected to unwanted sexual intercourse," but Mr. B countered that there was no coercion during the act and that they had a normal conversation afterward, insisting it was consensual.

In court, Ms. A claimed that she had no intent to make a false accusation, arguing that her statement was merely based on her belief that she was sexually assaulted while asleep and unable to remember the situation due to dissociative amnesia.

However, the court stated, "The intent required for the crime of false accusation can be established by conditional intent. Even if the defendant does not fully remember the situation at the time, the fact that she later testified to investigators that she had been sexually assaulted is sufficient to recognize conditional intent for false accusation. False accusation is a serious crime that exposes the victim to the risk of unjust criminal punishment, and the responsibility is not light."

The court added, "The sentence was determined by considering factors such as the defendant's denial of the crime and lack of remorse, as well as the fact that the risk of criminal punishment for the victim did not materialize."

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