An appellate court gave the ``not guilty'' verdict to a father who had touched his 11-year-old stepdaughter's breasts, saying it was a ``sign of affection.''
Kim, 43, was married in 1996. He became the stepfather of his wife's daughter, whom he treated as his own child. He had often showed her affection through touching, which the girl did not used to consider as unpleasant.
Last March, Kim returned home one night after drinking and found his wife and daughter asleep. Kim put his leg on his stepdaughter's body and touched her hips and breasts under her pajama top.
Kim's wife reported him to the police. During investigation, the police also found that Kim had physically abused his wife during a quarrel in 2006 by throwing a flowerpot at her and kicking her.
The police arrested him for sexual harassment and spousal abuse, and he was sentenced to an 8 month prison term for sexual assault by a local court.
However, the Seoul High Court only acknowledged the domestic abuse. He was given a two-year suspended jail term and 160 hours of community service. It ruled: ``Kim's act was a rather excessive sign of affection spurred by alcohol.''
The court made this decision based on the fact that the girl had not reached puberty yet and previously had not felt uncomfortable about such acts as sleeping next to her and touching her hips.
Tuesday, December 2, 2008
Let's not forget about this ruling.
A case that came to mind after reading about that awful story out of Cheongju was the one about a man given a not-guilty verdict last year for molesting his stepdaughter. The reason? It was a "sign of affection." An excerpt:
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3 comments:
I kind of wish you'd stop posting these. They just make me feel horrible. It's good that we hear about them but they are just reinforcing my already growing dislike of this country. I have met excellent people here and had great experiences but a country's judicial system allows judgments like these I really feel sick. There are bad judges in the US too but things that involve child abuse are just horrible and leave me feeling ill.
Speaking of "showing affection through touching," here's an epic fail of a campaign advertisement from Saxby Chambliss. Watch for his right hand at 0:26 or so.
http://www.youtube.com/watch?v=9_3T6q88QF4
Touching *any* sleeping person in a sexual way is sexual assault as it violates the need for consent. No two ways about it.
Touching a child in a sexual manner is pedophilia. No two ways about it.
Touching a child to whom you act as a legal guardian or parent in a sexual manner is incest. No two ways about it.
It is *not* a show of affection. It is rape. It is illegal. It is wrong. It should never go unpunished.
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