On the broadcast of SBS's "Unwanteds" (Unanswered Questions) on the 15th, the program tracked the cases of two victims who suffered sexual violence.
At 3:00 a.m. on February 21, an emergency call was received by 119 in Ansan, Gyeonggi Province. A woman's voice could be heard saying she no longer had the will to live and would make an extreme choice.
Danbi, a 20-year-old who dreamed of becoming a police officer, left a final farewell to her mother and jumped to her death on the side where no air mat was deployed.
The sudden death of their daughter. It was later revealed that she had reported being sexually assaulted by the owner of the pub where she worked part-time, and that a decision not to forward the case had been reached shortly before her death.
Around 4:00 a.m. on December 28 of last year, a staff gathering began at the pub where Danbi worked. Afterwards, all other employees left early, leaving Danbi alone with the 40-something owner. Danbi later claimed that the owner dragged her into a CCTV blind spot and sexually assaulted her.
However, two months later, the police decided not to forward the case, concluding there were no charges. The police judged that Danbi did not appear to be in a state where she was unable to resist based on CCTV footage, determining that the sexual encounter was consensual.
Danbi, who confessed to her friend about being sexually assaulted immediately after leaving the pub at the time, went on to file a report with her friend and even visited an obstetrics and gynecology clinic for an examination.
Nevertheless, the police stated they determined the sexual relations were consensual, citing footage of Danbi leaving the pub with a smile and scenes of physical contact between the two prior to the sexual encounter. In particular, regarding quasi-rape—which Danbi accused the owner of, involving cases where a victim is unconscious—the police judged that Danbi's state did not amount to mental and physical loss of control (incapacity).
In response, the bereaved family pointed out that Danbi's medical records were omitted during the investigation process. They noted that Danbi was taking psychiatric medication at the time for depression and other conditions.
An expert stated that when psychiatric medication and alcohol are taken together, their interaction multiplies, ultimately paralyzing judgment capabilities.
Another expert expressed regret, saying, "Based on physical contact before the relationship and statements from companions, investigators concluded it was difficult to see that the perpetrator recognized and took advantage of the victim's state of incapacity. However, a process to verify whether the perpetrator's claims were true should have been carried out."
The expert added, "Because the two were in an employment relationship, the crime of rape by occupational influence utilizing such a relationship could have been sufficiently reviewed. Instead of dismissing it without charges right away, they should have examined whether a crime was established," noting that the police seemed to have made a hasty judgment.
In particular, they pointed out that it was also regrettable that the victim's statement was taken only while she was in a state of severe intoxication.
Jung Yeon-soo, another victim who stated she was gang-raped when she was in the third year of middle school, suffered extreme distress after her victimization video was circulated following her adulthood, and she finally gathered the courage to file a complaint against the perpetrators.
However, the police decided not to forward the case, citing that the statute of limitations had expired for the assault, and that there was insufficient evidence for the sexual assault.
Later, Yeon-soo sought out and collected evidence on her own. Perhaps thanks to bringing the issue to public attention and actively gathering evidence, the prosecution ordered a reinvestigation of the case, and the perpetrators were ultimately all found guilty and sentenced to prison terms.
In response, an expert pointed out institutional limitations, stating, "It is undeniable that supplementary investigations by prosecutors are like salvation or a light saving a life to victims. Our Constitution specifies that the state has a duty to protect citizens from risks such as crime and disasters. But for a victim to have to go around finding, proving, and clarifying evidence themselves? That is a contradiction."
Experts expressed regret over the police's judgment regarding Danbi's case. In addition, insiders spoke about the limitations of police investigation departments, expressing sorrow over the reality that an increased workload due to a shortage of personnel inevitably leads to a decline in the quality of investigations.
The recently implemented revision of the Criminal Procedure Act was enforced based on a public consensus that the abuse of investigative authority by prosecutors should be prevented, amid controversies over the abuse of such powers.
However, voices of concern are also growing over granting a monopoly on investigative powers to the police while excluding the positive functions of prosecutorial investigations.
Accordingly, the broadcast emphasized the need to improve realities regarding victim protection following such legal revisions, expressing hope that "measures will be devised to minimize the side effects that could arise if a single agency monopolizes investigations."
In particular, it expressed hope that measures such as expanding police personnel and resolving their grievances would definitely be implemented as one of those solutions.
(Editor Kim Hyo-jung)
※ Please note: This article was translated by AI and may contain errors.
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