U.S. airman at Gunsan partly convicted for sexual assault on Korean woman

A local court convicted a U.S. airman based in Korea on one charge connected to the sexual assault of a Korean woman in 2022.

[JOONGANG ILBO]

A local court convicted a U.S. airman based in Korea on one charge connected to the sexual assault of a Korean woman in 2022.

A 30-year-old member of the U.S. Air Force’s 8th Fighter Wing based in Gunsan, North Jeolla, was indicted on charges of quasi-rape and rape in July 2022 after allegedly sexually assaulting a woman at both a local accommodation and lodging inside the air base.

The Jeonju District Court on Thursday sentenced the 30-year-old airman to three years in prison, suspended for five years, for the charge of quasi-rape only.

According to Article 299 of the Criminal Act, quasi-rape applies when a person “engages in sexual intercourse with another person by taking advantage of his or her state of unconsciousness or inability to resist.”

The incident came to light when the victim ran out of the base’s main gate, shouting that she had been sexually assaulted.

The charge of quasi-rape was applied for the assault at the local accommodation, as the victim was deemed unable to resist due to intoxication at the time. The charge of rape was applied to a second assault within the base.

The court handled the two incidents separately.

Regarding the quasi-rape charge, the court noted that the victim was “unable to properly respond to the defendant’s act” due to excessive drinking and fell asleep upon entering the accommodation.

The court found the victim’s testimony consistent and credible, as she did not hesitate to share details that could have disadvantaged her.

However, the court did not find the man guilty of the rape that allegedly occurred inside the military base. The court explained that under Korean law, rape requires evidence of severe violence or threats.

However, despite the prior quasi-rape, the victim was observed “kissing the defendant at the restaurant and the accommodation and attempting to sleep together at the base lodging. “

Additionally, the court found discrepancies in the victim’s physical description of the assault.

Considering the overall context, the court concluded that it could not definitively determine that the victim opposed the act.

Lastly, the court acknowledged that although the defendant had a clean criminal record previously, the severity of the crime could not be overlooked, noting that the defendant attempted to engage in sexual activity while the victim was intoxicated.

BY HA SU-YOUNG, WOO JI-WON [woo.jiwon@joongang.co.kr]