Middle school girls who shouted "don't do it" The three were not guilty of drinking and having sex, why?

Three men in their 20s were acquitted after taking two middle school girls they met through a chatting app to a motel and having them drink alcohol.

According to the legal community today (24th), Part 13 of the Criminal Agreement of the Uijeongbu District Court violates the Act on the Punishment of Sexual Violence Crimes (Special Rape) ) was acquitted of Mr. C, charged with the charge.

In October 2018, Ms. A met middle school girls D and E, whom they got to know through a smartphone chatting app, and moved to an unmanned motel in Gyeonggi-do.

They played games in the motel room and made Ms. D and others continue to drink.

After that, A had sex with D, and B and C had sex with E.

In the process, Ms. D and others expressed their refusal by shouting "don't do it", but it was found that they continued having sex.

Prosecutors determined that three people, including Mr. A, had sexually assaulted middle school girls D and E, who were in a state of mind and body under the influence of alcohol, and charged them with quasi-rape and special rape charges.

The court said, "The fact that the three defendants had sexual intercourse with the victims is acknowledged." "Although the defendants claim that it was done by agreement, there are parts that are hard to believe in the investigative agency and court statements, and there are There are circumstances in which it is doubtful whether there was any power, etc.”

However, the court acquitted the defendants, saying, "The evidence submitted by the prosecution alone is insufficient to prove that the victims were in a state of mental and physical loss at the time of the incident, and there is no evidence to admit this." .

In addition, it was judged that the victims had the ability and consciousness to clearly express their intentions at the time in the conditions, words, and actions confirmed through the statements of the victims.

Then, the court said, "There are also doubtful circumstances as to whether the victims did not have enough power to suppress their free will, such as assault or intimidation. "It appears that the victims were not in a state of 'alcohol blackout', where alcohol caused a failure in memory formation, even taking into account the state of alcohol consumption."

Meanwhile, the prosecution has filed an appeal with the court, dissatisfied with the ruling.

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