On the first night of their honeymoon, a husband in his 50s accused of ‘rape’ by his Thai wife in his 20s… What will the jury judge?

A husband in his 50s who was accused of rape by his Thai national wife after having sex on the first night of their honeymoon was acquitted in a public participation trial.

According to the legal community on the 22nd, the 5th Criminal Division of the Busan District Court (Judge Jang Ki-seok) announced that a man in his 50s had been acquitted in a public participation trial.

Thai wife “forced to have sex” sued
On March 9 of last year, Mr. A was handed over to trial on charges of forcibly having sex at his home in Buk-gu, Busan, despite the refusal of Mr. B, his Thai nationality wife in her 20s.

Mr. A, who was introduced to her Mr. B through her international marriage agency in July 2021, registered her marriage in September of the same year, and then met her Mr. B for the first time in Thailand in November of that year. However, the two did not meet for a long time due to problems such as visa안전놀이터 issuance and Corona 19, and met again on March 8 last year when Mr. B first entered Korea.

They had sex at Mr. A’s house that day, but Mr. B reported to the police that he had been raped, and Mr. A claimed that the sex was consensual.

Mr. A was also charged with attempted rape for attempting to sexually assault her Mr. B on the 12th of the same month. In response, Mr. A said, “In the process of persuading Mr. B to have sex, there was only physical contact, but no coercive action.” The attitude (towards Mr. A) has changed,” he complained.

“I don’t use verbal threats or threats… change my attitude after visa issuance” Husband’s appeal
On the other hand, Mr. B said, “Mr. A forcibly took off his clothes,” and “He not only used verbal abuse but also threatened.”

The prosecution said, “It is judged that the defendant committed the crime with the ‘wrong view of marriage’ that he had an obligation to have sex because he paid the victim to bring him to Korea.”

In his final statement, Mr. A appealed for innocence, claiming, “I never assaulted or abused her, and on the day she refused to have sex with her, she quit on her own and did not exercise her coercion.”

Juror “It is not an infringement of the right to sexual self-determination”
Seven jurors unanimously returned a verdict of not guilty.

The judge said, “It is acknowledged to some extent that the defendant forced sex in a somewhat coercive way,” but “it is difficult to believe the victim’s statement that he raped using violence and threats while swearing or unable to resist.” “It is difficult to see that the crime of rape between husband and wife has reached the extent of fundamentally violating the spouse’s right to sexual self-determination, as the Supreme Court judged.”


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