Seoul High Court Commutes Sentence for Rapist of 10-Year Old Girl Because She Could Not Prove She Resisted Enough

Here we go again with another example in South Korea of a criminal getting away with a sex crime by claiming the victim did not resist enough, and this time it was a 10 year old girl:

Criticism is mounting over a recent high court ruling that commuted a prison term for a child rapist.

The court said the 10-year-old victim’s testimony was insufficient to prove there was “enough threat and physical assault” that made the victim unable to defend herself ― which would constitute a rape charge.

In the June 13 ruling, the Seoul High Court handed down a three-year jail term to the offender, a cram school teacher surnamed Lee, 35. The sentence was reduced drastically from an earlier term of eight years given by a local court.

Lee met the victim through a chatting app in April last year. He brought her to his home and had her drink two glasses of soju to get her drunk. He then sexually assaulted her by holding her hands and pressing against her body so she could not move.

Lee denied the allegations, claiming he did not know that the girl, who was 160 centimeters tall, was 10 years old at the time, and that he had sex with her with her consent. 

Although the local court acknowledged Lee used threats and physical assaults to the point where she was unable to defend herself, the high court did not ― it said the girl’s statement was the only evidence regarding the threat and assault and that it was insufficient.

Korea Times

You can read more at the link, but this case shows that in South Korea you can get a 10 year old drunk with soju, hold her down, and rape her and not be convicted for forcible rape. At least they up held the statutory rape conviction on him which will keep him in jail for 3 years.

This issue is nothing new ROK Heads may remember the rapist of a U.S. soldier who was set free by this same Seoul High Court because she could not prove that she resisted enough.