Woman Who Drove Drunk to Escape Rape Attempt Acquitted as Court Recognizes Emergency Evacuation

A court has acquitted Ms. A, who drove while intoxicated to escape an attempted sexual assault.

The Cheongju District Court Chungju Branch, Criminal Division 1 (Presiding Judge Kim Yeon-soo), announced on the 25th that it had found Ms. A, who was indicted on charges of violating the Road Traffic Act (drunk driving), not guilty after recognizing her actions as an 'act of necessity' under criminal law. Ms. A's blood alcohol concentration was 0.094%, well above the license revocation threshold (0.08% or higher).

On the day of the incident, Ms. A woke up while sleeping at her accommodation and realized she had been the victim of an attempted quasi-rape. She gathered her clothes and belongings and left the room. When the male perpetrator chased her outside the accommodation, she got into a car, started the engine, and fled the scene. After driving about 11 kilometers, she pulled over to the side of the road and immediately reported the sexual assault to the police.

The court determined that Ms. A's driving met the requirements of an 'act of necessity' under Article 22 of the Criminal Act. The court stated, "No one other than Ms. A's party was at the accommodation in question, and the accommodation was located in a remote area with no people around during the early morning hours." It added that in such circumstances, "it appears to have been impossible for her to escape the scene of the quasi-rape by asking someone for help, calling a taxi or a designated driver service, or walking away." The court judged that driving was the only means of escape available to protect significant legal interests, namely her body and her right to sexual self-determination. The fact that she stopped the car immediately after fleeing and promptly reported to the police was also cited as a factor supporting the legitimacy of her act of necessity.

Meanwhile, the man who committed the crime against Ms. A was indicted on charges of quasi-rape and sentenced to three years in prison.