Monday, November 29

Urine on female students etc… “Forcible molestation even if the victim didn’t know”

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In the case of forced molestation, it must be acknowledged that the right to sexual self-determination is violated. So, if a man secretly urinates on the back of a woman he met on the street, is it sexual harassment that violates his right to self-determination? The Supreme Court overturned the lower court’s ruling that it was not a criminal offense.

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In the case of forced molestation, it must be acknowledged that the right to sexual self-determination is violated. So, if a man secretly urinates on the back of a woman he met on the street, is it sexual harassment that violates his right to self-determination? The Supreme Court overturned the lower court’s ruling that it was not a criminal offense.

For more details, reporter Hong Young-jae delivers.

Kim, in her 30s, was driving while angry because of an argument with a colleague and found a high school girl standing on the side of the road.

Thinking that she should settle her anger, Kim got out of the car and followed the high school girl to the playground of an apartment complex.

Here, Kim urinated on her back behind a high school girl who was talking on the phone and ran away.

The victim, who was not aware of the crime because he was wearing thick clothes at the time, returned home, checked the smell of his clothes and hair, and reported it to the police.

Prosecutors handed over Kim to trial on charges of sexual harassment, but both the first and second trial courts acquitted him.

The reason was that it was difficult for the victim to admit that her right to sexual self-determination was violated only because she felt disgusted.

But the Supreme Court decided otherwise.

The court ruled that Kim’s actions could be regarded as forced sexual assault, overturning the original judgment of acquittal and ordering the trial again to the effect of guilt.

[남선미/대법원 공보연구관 : 객관적으로 일반인에게 성적 수치심이나 혐오감을 일으키게 하고 피해자의 성적 자기 결정권을 침해하는 추행행위에 해당한다고 볼 수 있어….]

The Supreme Court explained that even if you were unaware of the damage at the time of the damage, if you did something that went against your sexual morals, it could be regarded as an act of indecent assault.

He added that when judging sexual harassment, the victim’s intention, gender, age and circumstances should be comprehensively considered.

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Reference-news.sbs.co.kr

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