State sued in brutal child rape case
Published: 15 Dec. 2009, 22:25
An 8-year-old child rape victim and her family filed a lawsuit against the state yesterday saying prosecution negligence during a trial further traumatized the girl.
The brutal attack on the girl by Cho Du-sun, the court’s perceived leniency and the prosecution’s failure to appeal had prompted a public outcry earlier this year.
Although Cho’s assault destroyed 80 percent of the victim’s anal and intestinal region, leaving her permanently disabled, the court sentenced him to 12 years in prison, citing his “weak physical and mental condition due to alcohol consumption” when the crime took place.
The victim and her family filed a complaint with the Seoul Central District Court, demanding 30 million won ($25,800) in compensation.
“Prosecutors have failed to act in time to present video evidence in a trial against the rapist, traumatizing the victim for the second time by compelling her to give court testimony,” the family said.
“The victim and her family said they do not want more child sex crime victims to suffer from the state’s inappropriate handling” of such cases, said the Korean Bar Association, the nation’s largest lawyers’ lobby which acted on behalf of the victim and her family.
The association also held a media conference to disclose details of its findings on the alleged negligence. As the nation became enraged earlier this year, the association formed a fact-finding team in October to look into the case. Actions by the Supreme Public Prosecutors’ Office, the National Police Agency and the Ministry of Court Administration were examined.
The findings largely served as the basis for the lawsuit.
“Shortly after the police arrested Cho, he was recorded on video and the CD could have been used as a crucial piece of evidence during the trial,” the association said. “And yet, the prosecution only submitted the evidence on the eve of the appeals sentencing.”
At the trial, Cho had claimed that his appearance was different from what the victim had described of her attacker.
The victim, therefore, had to submit to cross-examination by Cho’s defense attorney about her attacker in detail, the bar association said. At the time, Cho argued that he had gray hair and wore glasses, varying from the victim’s description.
“The video recording taken shortly after the arrest showed that he had black hair and did not wear glasses, so there was no need for the victim to be reminded of the attack another time,” the association said. “The prosecution, however, did not review the case file provided by the police and she had to face the unfortunate court session.”
The association also said the victim’s father had asked the Suwon District Public Prosecutors’ Office’s Ansan branch to review the case file after his daughter’s situation became a national issue last month, but a staff member of the victim’s support center persuaded him to give up.
The association also pointed out that the victim had to repeat her testimony four times because prosecutors had trouble handling the video recorder, although the guidelines for questioning a sexual crime victim make clear that the inquiry should be as limited as possible.
Prosecutors issued a press release yesterday challenging the association. “Its arguments are not true or are exaggerated. It is very regretful that their claims will generate unnecessary misunderstanding and distrust of the prosecution,” prosecutors said.
Prosecutors said they had to question the victim because Cho at first denied the accusations and the initial police probe indicated that the victim had a hard time remembering the attack. “Without questioning the victim and confirming her testimony, it was hard to keep Cho in custody,” prosecutors said.
They also rejected the association’s claim that they had made the victim repeat her testimony four times due to mishandling of the video recorder.
“The victim’s voice was inaudible in the first recording that took place on Jan. 7, 2009, and it was mechanically difficult to enhance her voice, so we rerecorded the testimony with the consensus of the victim and her father,” the prosecution said. “After the second recording, we had additional questioning. We did not make her repeat the testimony four times.”
The prosecution also rejected the association’s charge that it had failed to review the case file properly and submitted the video record of Cho’s appearance belatedly.
“Although Cho denied his crime, he did admit to some parts of the evidence during the trial,” the prosecution said. “We believed it was inappropriate to submit the video recording, because the victim’s face was also included.
“Cho’s attorney, however, asked the victim to testify at court for the appeals trial, and the appeals court accepted the request despite the prosecution’s opposition,” prosecutors said. “She, therefore, had to come to the court, and we presented the video record to the court to be used as a reference for sentencing.”
Prosecutors said they paid special attention to the case, assigning a female prosecutor to question the victim.
A senior prosecutor with expertise in investigations of serious crimes led the probe, prosecutors said.
By Ser Myo-ja [[email protected]]
The brutal attack on the girl by Cho Du-sun, the court’s perceived leniency and the prosecution’s failure to appeal had prompted a public outcry earlier this year.
Although Cho’s assault destroyed 80 percent of the victim’s anal and intestinal region, leaving her permanently disabled, the court sentenced him to 12 years in prison, citing his “weak physical and mental condition due to alcohol consumption” when the crime took place.
The victim and her family filed a complaint with the Seoul Central District Court, demanding 30 million won ($25,800) in compensation.
“Prosecutors have failed to act in time to present video evidence in a trial against the rapist, traumatizing the victim for the second time by compelling her to give court testimony,” the family said.
“The victim and her family said they do not want more child sex crime victims to suffer from the state’s inappropriate handling” of such cases, said the Korean Bar Association, the nation’s largest lawyers’ lobby which acted on behalf of the victim and her family.
The association also held a media conference to disclose details of its findings on the alleged negligence. As the nation became enraged earlier this year, the association formed a fact-finding team in October to look into the case. Actions by the Supreme Public Prosecutors’ Office, the National Police Agency and the Ministry of Court Administration were examined.
The findings largely served as the basis for the lawsuit.
“Shortly after the police arrested Cho, he was recorded on video and the CD could have been used as a crucial piece of evidence during the trial,” the association said. “And yet, the prosecution only submitted the evidence on the eve of the appeals sentencing.”
At the trial, Cho had claimed that his appearance was different from what the victim had described of her attacker.
The victim, therefore, had to submit to cross-examination by Cho’s defense attorney about her attacker in detail, the bar association said. At the time, Cho argued that he had gray hair and wore glasses, varying from the victim’s description.
“The video recording taken shortly after the arrest showed that he had black hair and did not wear glasses, so there was no need for the victim to be reminded of the attack another time,” the association said. “The prosecution, however, did not review the case file provided by the police and she had to face the unfortunate court session.”
The association also said the victim’s father had asked the Suwon District Public Prosecutors’ Office’s Ansan branch to review the case file after his daughter’s situation became a national issue last month, but a staff member of the victim’s support center persuaded him to give up.
The association also pointed out that the victim had to repeat her testimony four times because prosecutors had trouble handling the video recorder, although the guidelines for questioning a sexual crime victim make clear that the inquiry should be as limited as possible.
Prosecutors issued a press release yesterday challenging the association. “Its arguments are not true or are exaggerated. It is very regretful that their claims will generate unnecessary misunderstanding and distrust of the prosecution,” prosecutors said.
Prosecutors said they had to question the victim because Cho at first denied the accusations and the initial police probe indicated that the victim had a hard time remembering the attack. “Without questioning the victim and confirming her testimony, it was hard to keep Cho in custody,” prosecutors said.
They also rejected the association’s claim that they had made the victim repeat her testimony four times due to mishandling of the video recorder.
“The victim’s voice was inaudible in the first recording that took place on Jan. 7, 2009, and it was mechanically difficult to enhance her voice, so we rerecorded the testimony with the consensus of the victim and her father,” the prosecution said. “After the second recording, we had additional questioning. We did not make her repeat the testimony four times.”
The prosecution also rejected the association’s charge that it had failed to review the case file properly and submitted the video record of Cho’s appearance belatedly.
“Although Cho denied his crime, he did admit to some parts of the evidence during the trial,” the prosecution said. “We believed it was inappropriate to submit the video recording, because the victim’s face was also included.
“Cho’s attorney, however, asked the victim to testify at court for the appeals trial, and the appeals court accepted the request despite the prosecution’s opposition,” prosecutors said. “She, therefore, had to come to the court, and we presented the video record to the court to be used as a reference for sentencing.”
Prosecutors said they paid special attention to the case, assigning a female prosecutor to question the victim.
A senior prosecutor with expertise in investigations of serious crimes led the probe, prosecutors said.
By Ser Myo-ja [[email protected]]
with the Korea JoongAng Daily
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