She Was Not Punished for Drunk Driving... Court Rules Woman Who Drove to Escape Sexual Assault Not Criminally Liable
Actions Taken to Escape Immediate Danger
Perpetrator Recently Sentenced to Three Years in Prison
A court has ruled that a woman who drove under the influence of alcohol in order to escape a sexual assault cannot be held criminally liable.
According to Yonhap News on the 25th, the Cheongju District Court Chungju Branch Criminal Division 1 (presiding judge Kim Yeonsu) announced that it had acquitted Ms. A, who had been indicted for violating the Road Traffic Act (drunk driving).
Ms. A was accused of driving approximately 10 kilometers with a blood alcohol concentration of 0.094% in June last year after leaving a lodging facility in Chungju.
At the time of the incident, Ms. A, while asleep at the accommodation, became aware that she had been a victim of quasi-rape. She quickly woke up, gathered her clothes and belongings, left the room, and got into her car. When the perpetrator, Mr. B, chased after her, she drove for 11 kilometers, pulled over onto the shoulder of the road, and reported the incident to the police.
The court ruled that Ms. A's actions constituted "necessity of self-defense" and were therefore not unlawful. Necessity of self-defense refers to unavoidable actions carried out to escape from imminent and present danger threatening one's own or another's life, body, liberty, or property.
The court stated, "There was no one other than Ms. A and her party at the lodging, which was located in a remote area, and it appears there were no people nearby in the early morning hours. Under such circumstances, it seems impossible for the defendant to have escaped the scene of the quasi-rape by seeking help from others, calling a taxi or a designated driver, or simply walking away."
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Meanwhile, the perpetrator recently received a prison sentence of three years after being convicted of quasi-rape.
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