Man Given Probation for Attempting Sexual Assault on Woman Who Mistook His Car for a Taxi

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[Asia Economy Reporter Lee Jung-yoon] A first-instance court sentenced a man in his 40s to a suspended prison term after he attempted to sexually assault a drunken woman who mistakenly got into his car thinking it was a taxi.

According to the legal community on the 22nd, the Criminal Division 12 of the Seoul Eastern District Court (Presiding Judge Park Sang-gu) sentenced Lee (40), who was tried on charges of attempted quasi-rape, to two years in prison with a three-year suspension. Additionally, he was ordered to undergo probation, complete 40 hours of a sexual violence treatment program, and was banned from working in child, youth, and disabled welfare facilities for three years.

Lee was prosecuted for attempting to sexually assault a woman, A, in December 2019 in Gwanak-gu, Seoul, after she got into his car.

Initially, Lee demanded that A get out, saying "this is not a taxi," but when A, who was intoxicated, stated her destination and sat down hesitantly, he stopped the car and began the assault. When A regained her senses, she told Lee "let's go outside" to get out of the car, and taking advantage of his guard being down, she screamed and escaped the vehicle, then reported to the police.

Lee told the police that "A was drunk" and "she was reckless, trying to vomit in the car," but in court, he claimed that A was not mentally incapacitated and had consented to sexual intercourse. He even submitted an audio recording of the incident as evidence to prove this, but it was reported that the recording did not confirm A's consent. On the other hand, the Sunflower Center, a sexual violence victim support organization, confirmed that A's blood alcohol concentration was 0.158%, indicating a state of severe intoxication immediately after the incident.

The court recognized all charges as guilty, stating, "The victim was intoxicated and unable to exercise her sexual self-determination rights, and there was no social reason to consent to sexual contact with a driver she met for the first time." The court added, "The defendant denied the crime and repeatedly made implausible claims, and despite having a prior conviction for forced molestation resulting in a prison sentence, he committed the crime again." However, the court also considered "the fact that the victim reached an agreement with the defendant and did not wish for punishment."

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