[Editorial] Acquittal of Ahn Hee-jung of sexual violence charges reveals underlying problem in court system

Posted on : 2018-08-15 16:25 KST Modified on : 2018-08-15 16:25 KST
Former South Chungcheong Province governor Ahn Hee-jung was acquitted of charges of sexual violence against his secretary by the Western Seoul District Court on Aug. 14. (Kim Seong-gwang
Former South Chungcheong Province governor Ahn Hee-jung was acquitted of charges of sexual violence against his secretary by the Western Seoul District Court on Aug. 14. (Kim Seong-gwang

On Aug. 14, a South Korean district court acquitted former South Chungcheong Province governor Ahn Hee-jung of the charge of committing sexual violence against his secretary. The prosecutors have announced that they will appeal the ruling. By failing to move forward on the abuse of power in the workplace, this ruling makes clear that judges retain sympathy for perpetrators even after the #MeToo movement was brought to South Korea at the beginning of this year by a prosecutor named Seo Ji-hyeon.

Several aspects of this ruling are hard to swallow. Despite recognizing the power relationship that existed between the defendant and the victim, the court said, “In regard to the charges of rape and sexual molestation by force, it has not been demonstrated that the defendant exerted force, regardless of the victim’s inner feelings or psychological state.”

“There is no concrete evidence that physical force was directly used to prevent resistance,” the court went on to say.

By denying the credibility of the consistent testimony of the victim because of the lack of physical or circumstantial evidence, this judgment appears to place the entire burden of proof on the victim and to disregard the fact that this is exactly why so many victims have remained silent. One can’t help but wonder whether the court properly understands the fundamental nature of power-based sexual violence, in which the victim does not dare to refuse the advances of someone who has authority over them.

 staff photographer)
staff photographer)

In particular, the court’s disclosure of its attitude that there can be no sexual violence without physical coercion only show that it has failed to keep pace not only with the changing attitudes of members of society but also with legal precedent on the criteria for rape.

The court emphasized nulla poena sine lege – the legal principle that no one can be punished for something that’s not prohibited by law – in various parts of its decision: “Even if, as the complainant testified, she didn’t explicitly express consent, expressed her refusal in her own way and was inwardly opposed to what was happening, the defendant’s actions cannot be regarded as the crime of sexual violence that is subject to punishment under our current system [. . .] There is a difference between the definition of sexual violence as the term is used in South Korean society and the definition of the crime of sexual violence as it is defined in the criminal code.”

But this stance can be criticized for its irresponsibility. When a Seoul National University professor surnamed Shin was charged with sexual harassment in the early 1990s, the case was roundly derided on the grounds that if Shin’s actions were against the law, then most Koreans were criminals. But through that court’s decision, South Korean society was able to establish a more advanced standard for sexual crime. That’s why this verdict’s narrow interpretation of the scope of the abuse of workplace authority even after the #MeToo movement is being criticized as “regressive” and as “giving immunity to power-based sex crimes.

The controversy after Kim Ji-eun came forward with her story verified the strength of the attitude in South Korean society that “victims ought to act like victims.” There are concerns that this ruling might further reinforce the social stereotypes that have isolated and discouraged victims whenever the issue of sexual violence is raised by asking them why they didn’t resist the rape and insinuating that they were “asking for it.” But women have begun to speak through a crack in the wall, and their voice will not stop. Once irrationality has been brought to light, it must someday come to an end.

Please direct comments or questions to [english@hani.co.kr]

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