Court rejects diminished capacity claim in sexual assault case

The Cheongju District Court said on Monday that it sentenced a defendant with an intellectual disability to three years in prison for sexually assaulting an acquaintance, rejecting the defense’s claim of diminished capacity.

The court handed down the sentence after finding the defendant guilty of sexual intercourse by fraud or coercion under the Act on the Protection of Children and Youth Against Sex Offenses.

The defendant sexually assaulted the victim in Chungju, North Chungcheong, in July 2024. The two reportedly met while attending a special education school.

The defendant, who has a Level 3 intellectual disability, argued that diminished capacity should mitigate their criminal responsibility, but the court rejected their claim. A Level 3 intellectual disability generally indicates a moderate intellectual impairment under Korea’s former disability classification system, which was abolished in 2019.

“The defendant sexually assaulted the victim. who has an intellectual disability, through coercion, which makes the offense particularly serious,” the court said. “The victim is believed to have suffered significant psychological trauma.”

When determining the sentence, it also took into account the fact that the defendant had not reached a settlement with the victim.

“Although the defendant’s intellectual ability is somewhat below average, they demonstrated an understanding of basic social norms and interpersonal relationships,” the court said. It thus found that “the defendant also understood the nature of sexual intercourse.”

BY JUNG SI-NAE [[email protected]]