Constitutional Appeal Filed Over Acquittal in Non-Consensual Sex Case

On the 23rd, a constitutional appeal was filed in front of the Constitutional Court in Jongno-gu, Seoul, citing a violation of fundamental rights guaranteed by the Constitution in a 'non-consensual sex' case. This case raises questions about how much resistance from a sexual assault victim is required for a guilty verdict.

The 'Joint Committee for Trial Appeals on Non-Consensual Sex Cases' was formed with participation from the Women's Human Rights Committee of the Lawyers for a Democratic Society, the Catholic Sexual Violence Counseling Center, and the Korea Sexual Violence Counseling Center. The committee held a press conference in front of the Constitutional Court in Jongno-gu, Seoul on the 23rd to announce the filing of the trial appeal.

The joint committee explained that this was a case where the court acquitted the defendant because the victim 'did not resist actively,' even though the victim explicitly refused the unwanted sexual act from her friend more than 75 times. They argued that the court's ruling followed the 'narrowest interpretation of coercion,' which requires assault or threats to the extent that resistance is impossible, and that this verdict violated the victim's right to sexual self-determination. They criticized the court's acquittal, stating it was akin to telling the victim 'resist at your own peril,' forcing the victim to live with lifelong guilt for not being able to resist.

The committee asserted that the trial appeal is the victim's last resort for remedy. They emphasized their hope that the state would respond to the victim's voice, which it had ignored, and confirm and restore the petitioner's right to sexual self-determination and other rights.