Is it sexual assault if you break your promise to use contraceptives? Court-prosecution mixed judgment

A lover who reached sexual intercourse after 4 days of dating. Women allowed sex on the condition that men use condoms.

However, the man started having sex with her without a condom and continued the act despite the woman’s warnings. When the woman resisted, the man overpowered her and forced her into a relationship. Eventually, the woman sued her man for rape.

She said that if a man did not use contraceptives in interpersonal intercourse under the premise of ‘use of contraceptives’, she had conflicting views between the prosecution and the court on whether she could be considered rape.

According to the arraignment documents obtained by <News 1>토토사이트 on the 10th, the prosecution concluded that there was no charge due to insufficient evidence and dismissed the prosecution in October of last year.

In order to establish a crime of rape, threats and violence must be accompanied, but the prosecution did not view the behavior of a man who subdued a woman’s resistance after starting a relationship as not being violent. It is the prosecution’s claim that it is “physical pressure that accompanies the relationship act.”

Prosecutors also judged, “There is a lot of room to see that (the man) was not conscious of whether it was against the woman’s will not to wear a condom while the woman consented to sex itself.”

The woman, dissatisfied with the prosecution’s non-prosecution order, applied for a court order.

The court raised the woman’s hand in May, saying, “In the crime of rape, assault does not necessarily precede.”

The 30th Criminal Division of the Seoul High Court (presiding judge Kang Min-gu, Choi Hyeon-jong, and Kang Hyo-won) said, “Whether the violence of the crime of rape was to the extent that it made the victim’s resistance impossible or significantly difficult was determined not only by the content and extent of the assault, but also by the circumstances of the exercise of physical power, the victim’s All circumstances, including the relationship, must be comprehensively judged.”

As the court decided to file an indictment, the prosecution indicted the man without detention and handed him over to trial on June 9. The first trial in this case will be held on the afternoon of the 10th at the hearing of the 12th Criminal Division of the Seoul Eastern District Court.






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