Although I’m hopeful that what the 5th criminal division of the Busan District Court decided is a victory against rape, whether within marriage or applied as a precedent in any rape claim, I’m skeptical it isn’t something entirely different. Actually, I’m rather dismayed.
The court stated, “Because the defendant committed rape using violence, ignoring the victim’s legitimate exercise of her right to sexual self-determination, there is no problem in applying the crime of special rape from the Act on the Punishment of Sexual Violence, even if he is maintaining an actual marital relationship with the victim.” The court also noted, “What the law is trying to protect with the rape law is not the chastity of the woman but her right to sexual self-determination, and a wife also has this right.”
Additionally, the court said, “Because the victim left her home country and family and came to a foreign country trusting only the defendant, and because she was placed in a difficult position due to her inability even to communicate effectively through language, the defendant should be looking after her with love and devotion.” The court also added, “For [the defendant] to ignore the victim’s right to sexual self-determination and threaten her with a weapon in order to satisfy his own improper desires is an intolerable act.” The defendant and the victim are still legally married at this time.
The first graph concerning sexual self-determination is laudable, it’s the second graph’s emphasis on the woman’s foreign status that worries me this precedent’s influence will go no further than as a way to advertise the safety of a marriage with a South Korean husband. Further details about the idiot rapist bear this out.
The husband was given a suspended sentence because he admitted his misconduct and expressed remorse. The wife, who had refused to sleep with her husband because she was menstruating, was guilty of poor communication, the ruling said.
The husband has appealed against the decision, saying he is a victim of the difficulties of international marriage.
The slack South Korean men get for crying just amazes me! Along with proper information about the Pill, obviously this South Korean clod needs some help with female anatomy. And, if all else fails, a good ass-kicking from his wife, so he can learn her limits.
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