Sexual Assault of a Person with Disability

Actual cases of sexual assault of a person with disability are reviewed below.

1. Father sentenced to 8 years' imprisonment for sexually assaulting his biological daughter with an intellectual disability over 10 years

A, who was prosecuted on charges of sexually assaulting his biological daughter with an intellectual disability over a period of 10 years, was sentenced to 8 years' imprisonment.

When A first committed the offense, the victim was 12 years old.

The court stated, “As her biological father, he abandoned his responsibility and the bonds of human relations and treated the victim as an object for satisfying his misguided sexual desires, so the blameworthiness is very great and the culpability is serious,” and sentenced him to 8 years' imprisonment.

2. Man in his 30s sentenced to 6 years' imprisonment for sexually assaulting the younger sister of his girlfriend, who had an intellectual disability

A man in his 30s who sexually assaulted the younger sister of the woman he was dating, exploiting the fact that she had difficulty exercising her right of sexual self-determination because of an intellectual disability, was sentenced to imprisonment.

The court stated that the offense was very serious because he exploited the condition of a victim who needed protection, and sentenced him to 6 years' imprisonment.

3. Pastor who sexually assaulted and committed indecent acts against minor congregants with intellectual disabilities sentenced to 6 years on appeal

A pastor in his 70s, who was prosecuted on charges of sexually assaulting or committing indecent acts by compulsion against minor congregants with intellectual disabilities, was sentenced to 6 years' imprisonment on appeal.

Although he had been sentenced to 10 years' imprisonment at the first instance, the court took into account that he reached a settlement with one victim, that he had no prior criminal record beyond a fine, and that he was elderly and in poor health, and he was finally sentenced to 6 years on appeal.

The characteristics of sexual violence against persons with intellectual disabilities are reviewed below.

-Persons with intellectual disabilities often have difficulty distinguishing between sexual violence and intimacy.

-The proportion of rape, including incestuous rape, appears to be high.

-Among persons with intellectual disabilities, those with mild intellectual disabilities show a high rate of sexual violence victimization.

This is because persons with mild intellectual disabilities have relatively higher learning ability among persons with intellectual disabilities and face no restrictions on outside activities, so they have many opportunities to be exposed to sexual violence.

-In most cases, the perpetrator of sexual violence is someone the victim knows.

Even when the perpetrator is a stranger, they go through a grooming process to build intimacy with the child victim, and because the perpetrator is usually an acquaintance or someone the victim knows, it becomes even more difficult to express refusal.

-In most cases, money or goods are used to lure the victim during the sexual violence, and because violence is often not involved, the sexual violence victimization continues.

-When describing the circumstances of the sexual violence, persons with intellectual disabilities have difficulty giving a logical and consistent statement.

-If education, counseling, treatment, and similar support are not provided within a short period after the sexual violence victimization, the possibility of secondary and tertiary victimization rises greatly, and offending behavior through imitation may appear.

This is a case that is difficult to respond to without counsel, whether as a suspect or a victim, but where you unavoidably have to respond on your own, you should prepare as follows.

-Organize the main points of your statement as soon as you are notified of the investigation schedule

-Keep all text messages, KakaoTalk messages, and phone call records

-Secure objective information about the victim's mental and physical condition

-Identify CCTV locations, routes, and similar details in advance and prepare to request that they be secured

A victim with a disability may be assigned a statement assistant, and because unstable expression can undermine credibility, help from a specialized institution is very important.

Where a victim of sexual violence or child abuse has difficulty communicating, they may receive the help of a statement assistant.

A statement assistant is a specialist who helps with communication when a child who has suffered a crime such as sexual violence, child abuse, or human trafficking, or a person with a disability who has suffered a crime, is questioned by the police or the prosecution or gives testimony in court.

Children and youth who have suffered harm such as sexual violence, child abuse, or human trafficking, and persons with disabilities who have suffered a crime, may receive the help of a statement assistant.

The Welfare of Disabled Persons Act has been amended to provide support to persons with disabilities who are victims of all criminal cases.

A sexual violence evidence collection kit, obstetric and gynecological medical records, and a psychological counseling opinion carry very strong evidentiary value in criminal proceedings.

-Report to 112 or a support center as quickly as possible

-Secure hospital treatment and psychiatric counseling records

-Note the circumstances at the time in the form of a statement or diary

-Explain the course of events to a trusted acquaintance and secure corroboration

-Urging an evaluation of the degree of the victim's mental disability and judgment ability

-Collecting objective circumstantial evidence beyond statements regarding consent

-Submitting circumstantial and communication evidence before and after the relationship with the victim

-Asserting the procedural unlawfulness of an unreasonably conducted investigation (such as arrest without a warrant)

-Supplementing the credibility of statements by securing a statement assistant and counseling records

-Proving the continuity of the relationship with the perpetrator and the repeated nature of the conduct

-Highlighting the socially and structurally vulnerable position involved in the case (such as a superior position within a facility)

-Reinforcing evidence through an entrustment of evaluation, including a physical and psychiatric evaluation

Sexual assault cases involving a person with disability involve a complex interplay of human rights, welfare, and medical factors in addition to legal factors.

A clear strategy and legal response are therefore needed from the early stage of the case, and a far more careful approach is required than in an ordinary sex crime case.

If you have to respond on your own, the first priority is to record and organize your position as quickly as possible and to collect related evidence systematically.

If possible, however, receiving professional legal support is the safest and most effective way to respond, whether for the victim or the suspect.

This firm operates a separate Sex Crimes Response Group and provides defense strategies tailored to each situation, drawing on extensive practical experience and accumulated know-how, including in sex crime cases involving persons with disabilities.

Please note that we operate branch offices in regions across the country, along with a 365-day emergency consultation system and a non-face-to-face video service, and reserve a legal consultation.