Acquitted After Sending a Sex Video?… The Truth About the Moment 'Consent' Was Given

Case Overview

In this case, a hospital director was indicted for Obscene acts by using means of communication on the grounds that he had sent a sexual video to a nursing assistant. In her initial police statement, the person identified as the victim said, in effect, that she 'had reacted positively at the time,' and although she later changed her account, the key messages had already been deleted and could not be recovered. The issue was whether the defendant had obtained the other party's 'consent' at the time, or had mistakenly believed that consent existed.

Our Strategy

Focusing on the victim's initial statement and the circumstances at the time, I concentrated on proving that the defendant could only have understood the relationship to be one of mutual acceptance. The flow of past conversations between the two, the timing and mood when the video was sent, and the victim's subsequent change in attitude all supported the view that this could hardly be regarded as a one-sided transmission without consent. The court likewise acquitted the defendant, holding that 'the victim initially reacted positively, and it is difficult to conclude that the defendant sent the video without consent.' A change of heart must not instantly become a crime.

Result · Acquittal

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.

More Results in This Area

Attorney in charge: Dongwoo Shin