Similar Cases, Vastly Different Outcomes: Why?

On the August 15 broadcast of SBS's "Unwantd Stories" (The It's Know), the program tracked the cases of two sexual violence victims.


At 3:00 a.m. on February 21, an emergency call was made to 119 in Ansan, Gyeonggi Province. A woman's voice could be heard saying she no longer had the will to live and was going to 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 from a side of the building where no air mat had been placed, resulting in her death.


The sudden death of their daughter came as a shock. It was later revealed, however, 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 to prosecutors had been made 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. Afterward, the other employees left early, leaving Danbi alone with the owner in his 40s. Danbi later claimed that the owner dragged her into a CCTV blind spot and sexually assaulted her.


However, the police decided two months later not to send the case to prosecutors, citing a lack of charges. The police concluded that Danbi did not appear to be in a state where she was incapable of resisting, based on footage captured by CCTV, and judged that the sexual encounter was consensual.

Danbi, who confessed to a friend about the sexual assault as soon as she left the pub at the time, went with her friend to report the incident and even visited an obstetrics and gynecology clinic for an examination.

Nevertheless, the police reportedly determined that there was consent for sexual relations, pointing to footage of Danbi leaving the pub with a smile and scenes of physical affection between the two prior to the intercourse. In particular, regarding quasi-rape—which Danbi filed a complaint over, defined as occurring when a victim is unconscious or incapacitated—the police judged that Danbi was not in a state of mental or physical loss of faculties.

In response, the bereaved family pointed out that Danbi's medical records had been omitted during the investigation process. They noted that Danbi was taking psychiatric medication at the time for conditions such as depression.


An expert stated that when psychiatric medication and alcohol are taken together, their interaction intensifies, which paralyzes cognitive and judgmental capacities.

Another expert expressed regret, saying, "Based on pre-encounter physical contact and statements from other attendees, it was judged difficult to see that the perpetrator recognized and took advantage of the victim being in a state of mental incapacity. However, a process of verifying whether the perpetrator's claims were true should have been carried out."

The expert added, "Since the two were in an employment relationship, the crime of rape by taking advantage of social status or influence could have been sufficiently reviewed. Instead of dismissing the case immediately without such review, they should have examined whether a crime was established," noting that the police appeared to have made a hasty judgment.

Furthermore, the expert pointed out that it was unfortunate 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 a third-year middle school student, suffered extreme distress after her victimization video was circulated following her adulthood, but she mustered the courage to file a complaint against the perpetrators.

However, the police decided not to forward the case, stating that the statute of limitations had expired for the assault, and that there was insufficient evidence regarding the sexual assault.


Later, Yeon-soo gathered and collected evidence on her own. Perhaps thanks to her publicizing the case and actively gathering evidence, the prosecution ordered a reinvestigation, which eventually led to all perpetrators being found guilty and sentenced to prison terms.

Commenting on this, an expert remarked, "It is undeniable that a prosecutor's supplementary investigation is like salvation or a lifesaving light to a victim." Pointing out institutional limitations, the expert added, "Our Constitution stipulates that the state has a duty to protect citizens from dangers such as crime and disasters. Yet, is the victim expected to go out, find evidence, prove it, and verify it themselves? That is a contradiction."

While experts expressed regret over the police's judgment in Danbi's case, insiders spoke about the limitations faced by police investigative departments. They expressed sorrow over the reality that the quality of investigations inevitably drops due to heavy workloads caused by staff shortages.


The recently implemented revision to the Criminal Procedure Act was enacted based on a public consensus that the prosecution's abuse of investigative power was controversial and needed to be curbed.

However, concerns are also growing over concentrating investigative powers solely in the police while excluding the positive functions of prosecutorial investigations.

Accordingly, the broadcast emphasized the need to improve the reality of victim protection resulting from such legal revisions, stating, "We hope that measures will be established to minimize side effects that may arise if a single institution monopolizes investigations."

In particular, the program expressed hope that measures such as increasing police personnel and alleviating working grievances would certainly be implemented as part of those solutions.

(Photo: Yonhap News)