Man in His 70s Sentenced to 2 Years in Prison for Sexual Assault of Woman in Her 80s With Dementia

A man in his 70s who committed a sexual crime against a woman in her 80s suffering from dementia has been taken into custody following his conviction in the first trial.

On January 29, the Criminal Division 1 of the Gyeongnam Changwon District Court Tongyeong Branch, presided over by Chief Judge Kim Youngseok, sentenced the man, identified as A, to two years in prison on charges including housebreaking and quasi-rape.

In addition, the court revoked A's bail and ordered his immediate detention.

The court also mandated that A complete 40 hours of a sexual violence treatment program and imposed a three-year employment restriction from institutions related to children, adolescents, and people with disabilities.

Previously, prosecutors had requested a seven-year prison sentence for A, along with a five-year employment restriction and disclosure of his personal information.

Gyeongnam Changwon District Court Tongyeong Branch. Photo by Se-ryeong Lee

According to the court, A was indicted on charges of sexually assaulting his relative, an 80-something woman identified as B, who suffers from dementia, at a residence in Goseong County, Gyeongnam, in May of last year.

At the time, A broke into the home of B, who lived alone next door, and committed a sexual offense. The incident was captured on a home surveillance camera that B's daughter had installed to monitor her mother in real time.

During the trial, A denied the charges, claiming that he and B were in an inappropriate romantic relationship and that he had entered the house with B's consent on the day of the incident.

The court stated, "The victim was diagnosed with dementia in 2019 and is undergoing medication treatment. She claims her husband, who died in 2018, is still alive. Given her diminished cognitive abilities due to dementia, the fact that she did not resist cannot be interpreted as consent to sexual activity. The victim, suffering from severe dementia, was incapable of exercising sexual self-determination at the time of the crime."

The court further noted, "If, as the defendant claims, there had been a similar relationship for decades in the village, the residents would have heard rumors. However, residents only heard rumors of a romantic relationship between the defendant and the victim after the incident occurred." The court thus rejected A's claim that they were in a romantic relationship.

The court also cited as grounds for its decision the facts that A entered through a back door not used by people and that the two had not interacted for several years.

The court explained its sentencing by stating, "The defendant committed the crime despite knowing the victim's condition and advanced age. Given the location and nature of the relationship, the crime is particularly egregious, and the defendant made no effort to remedy the harm. However, the court also considered the defendant's advanced age and the fact that this was his first offense."

Following the verdict, the Gyeongnam Women's Association stated, "It is not right for the victim to have to leave the place where she has lived her entire life to escape the humiliation of being associated with a sex offender. Even in his final statement, the perpetrator insisted they were in a romantic relationship, damaging the victim's reputation and showing no remorse."

Jung Jaeheun, Secretary-General, commented, "Is it conceivable that the perpetrator committed this crime only once against a dementia patient who cannot even remember? Just because he was not caught before does not mean he did not commit other crimes. We strongly urge the Supreme Court Sentencing Commission to revise sentencing guidelines for sexual crimes so that first-time offenders do not receive leniency."

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