A scene from the citizen participatory trial in Korea’s first courtroom thriller, The Client (2011).
BUSAN, Aug. 23 (Korea Bizwire) — In a case that stirred debate, a 50-year-old husband who was accused of rape by his 20-year-old Thai wife has been acquitted through a participatory trial system. This unique trial structure involves citizens serving as jurors or potential jurors in criminal proceedings.
The Busan District Court, Criminal Division 5, made a public announcement on Tuesday, declaring the acquittal of Mr. A following a participatory trial.
Mr. A stood trial on March 9 of last year on charges of non-consensual sexual activity with his wife, identified as B, at their residence in Buk-gu, Busan.
The couple, brought together by an international marriage agency, were embarking on their first night as a married pair.
Ms. B reported the incident as a case of rape, whereas Mr. A contended that the sexual encounter had been consensual.
The prosecution sought a three-year prison sentence, asserting, “The defendant’s actions stem from a ‘misguided marital perspective,’ wherein he mistakenly believed he was entitled to engage in sexual activity due to having financially supported her journey to Korea.”
During his closing statement, Mr. A pleaded not guilty, maintaining, “I never resorted to physical assault or verbal abuse against my wife. On the day in question, when she expressed her unwillingness, I immediately ceased any advances without using any force.”
The seven jurors, in unanimous agreement, delivered a verdict of not guilty.
While acknowledging that the defendant employed a somewhat coercive approach to initiate sexual activity, the court concluded, “The victim’s assertion that rape occurred through verbal abuse, physical assault, and intimidation – rendering her incapable of resistance – is challenging to fully accept.”
“The assertion that the act constitutes marital rape, as recognized by the Supreme Court, infringing upon the fundamental right to sexual autonomy within a marriage, presents difficulties in its application.”
This case has raised important discussions about the boundaries of consent within marital relationships and the parameters of marital rape as a legal concept, highlighting the complexities inherent in such matters.
M. H. Lee (mhlee@koreabizwire.com)
