Tag: sexual assault

Critics Fail To Strip Military Commanders of their Prosecution Power Over Sex Crimes

Commanders will be allowed to keep their authority:

In a dramatic hearing Wednesday focused on sexual assault in the military, the Senate Armed Services Committee knocked down an effort to strip military commanders of oversight in the prosecution of serious crimes by their subordinates.

The 17-9 committee vote to leave prosecutions within the chain of command cut across party lines, and represented a victory for the Pentagon. Leaders including Secretary of Defense Chuck Hagel and each of the service chiefs have argued that military commanders are best able stem a tide of sexual assaults that Defense Department statistics indicate has been rising in recent years.

But a senator who voted to maintain the status quo, Maine independent Sen. Angus King, warned that legislators would have little choice but to reduce the authority of commanders in criminal cases if the Pentagon doesn’t quickly reverse the trend.

“In a sense, I see this as a last chance for the chain of command to get it right,” King said.  [Stars & Stripes]

You can read much more at the link, but I respectfully disagree with Senator King’s statement.  As I have already shown the statistics for military sexual assaults last year were inflated due to adding assaults from prior years to the 2012 statistics along with other reasons such as an increase in baseless claims.  The military has made a big effort in recent years to get people to report sexual assaults and her statement runs counter to this.  So instead of trying to count every report there is, the military for the 2013 statistics can show improvement by just recalculating their statistics.  They can do this by just including reports from 2013 and reports from prior years would be counted to the year’s that they happened.  This would show instant progress and not bring attention to reports people filed from prior years.

Something that has changed is this:

Levin’s amendment would set up an appeals system that would give service secretaries the final say on commanders’ prosecution decisions, and makes it a crime to retaliate against those who report sexual assault.

Gillibrand said the time to let the military solve its own sexual assault problem had passed.

“The chain of command has told us for decades that they would solve this problem, and they have failed,” she said.

Gillibrand argued that the amendment does not address the main problem — a climate of fear faced by sexual assault victims when considering whether to report a crime to a commander who may be biased in favor of a higher-ranking perpetrator.

I do not have a problem with Levin’s amendment though I would like to see how retaliate is defined.  For example if someone files a report that is considered baseless can they not be prosecuted for filing a false report?  As far Congresswoman Gillibrand’s complaint it runs counter to the facts that show commanders are overwhelming prosecuting servicemembers under their command for sexual assault even when the evidence does not support a prosecution.  There are servicemembers that had to be released from jail by the US Court of Appeals due to having their Constitutional rights to a fair trial trampled on by the witch hunt against anyone accused of sexual assault.  In the article even Congresswoman McCaskill had to cede this point.  Anyway this issue is not over, expect the special interests to try and bring it up again next year, but hopefully the Pentagon gets their act together on how they compile the statistics so they do not give the special interests ammunition to bash them with.

Update On the Mapo GI Rape Case

It is looking more and more like the Mapo GI rape case doesn’t have much evidence to support it considering how long it is taking to get an indictment.  Here is an update on the case provided by the Marmot’s Hole:

According to the Herald Gyeongje, Women Corea released a statement today demanding that Seoul Seobu prosecutors quickly indict the GI accused of sexually assaulting a teenage girl in Mapo and steeling her notebook computer. They noted it’s been over half a month since police turned the case over to the prosecutors to decide whether to indict, but prosecutors have not indicted the GI. This means the prosecutors, who hold “absolute power,” is minding USFK.

They also warned—perhaps unaware of the impact such a warning could have on any future discussions over amending the SOFA—that if the prosecutors didn’t quickly indict the suspect, they would run up against public resistance.

In response, a high-ranking prosecutor said prosecutors will still conducting additional investigations, and that the indictment wasn’t coming any later than it would in other cases. He also stressed that the suspect and USFK was cooperating fully with the investigation and that he and his office were not carrying out a lazy investigation or minding USFK.  [Marmot’s Hole]

This case reminds me of the policewoman rape case where the evidence didn’t support what happened but the GI was indicted and convicted anyway likely due to public pressure at the time.  After the media sensationalism died down the GI appealed the sentence and his conviction was overturned by the appeals court.  I can see the same thing happening here.  The prosecutors may just be waiting to see if the media attention dies down or not before making a decision to indict him.  If the media attention doesn’t die down they will probably go ahead and indict and convict him despite the lack of evidence and then let the appeals court let him go after the media attention dies down.

South Korea to “Toughen” Sex Crime Penalties

It is always interesting to read articles like this shortly after Koreans are complaining about GI sex offenders getting off light when in fact in Korea all sex offenders get off light:

sexual assault korea image
Image via Global Voices.

Teachers and aspiring teachers will be permanently barred from working at schools, if they have a record of being convicted or fined for sex crimes, the government said Friday, announcing a set of new measures to crack down on sexual abuse of young students, especially disabled teens.

The measures call for raising the maximum jail term for rapists of the disabled from the current three years to five years and forcing all convicted of sexual attacks on the disabled to wear an electronic anklet.

In addition, those suspected of sexually abusing the disable can be indicted even without a complaint from the victim, under the government’s bid to eliminate possible loopholes in the current law.

The measures focused on toughening punishment for sex crimes on the disabled come amid the popularity of a Korean film based on the appalling real-life story of teachers sexually abusing their disabled students for years.

The film “Dogani,” whose English title is “The Crucible,” prompted public outcry not only because the crime happened at a Gwangju school for the disabled for years from 2000 but also because the convicted teachers received light punishments.

Of the six teachers charged, only two received actual jail terms, both less than a year, with the others getting suspended terms and acquitted of charges mainly because the victims’ parents agreed to cancel their accusations in return for compensation.  [Korea Herald]

This reminds me of the case three years ago when a mentally handicapped teenager was repeatedly raped by family members who all received suspended sentences and then were given custody of the teenager after the verdict.  Heck in Korea you can receive more time in jail for stealing a cell phone than for rape.

Now compare this punishment and even the new tougher sex crime penalties to the 30 years in a US military jail that a Camp Jackson NCO received for rape.  This was a case where the victim’s parents asked the US military to keep jurisdiction of the case instead of being tried in a Korean court because they knew the US military would give a harsher sentence.

GI Flashbacks: The 2004 Taxi Cab Rape Case

There probably isn’t a greater miscarriage of justice against a USFK servicemember than what happened to this soldier upon arrival at Incheon International Airport back in 2004:

crime image

The Seoul High Court yesterday overturned the conviction by a lower court of a 49-year old taxi driver who had been charged with the rape of a 19-year old U.S. female soldier.

The man had received a 10-month prison term in the original trial after being convicted of luring the newly-arrived servicewoman from Incheon International Airport to a hotel near there where the woman said he raped her.

The woman reported the incident to U.S. military authorities, who asked for assistance from Korean prosecutors.
The appeals court ruled that the woman had shown no evidence of having refused the man’s advances, and that he used “not enough violence to constitute rape.”

The prosecution said it would take the matter to the Supreme Court. The U.S. servicewoman returned to the United States in February; the defendant’s appeal was decided without her presence. [Joong Ang Ilbo]

So what are the odds that a 19 year old US soldier who arrived in the country for the first time would just suddenly want to have sex with a 49 year old taxi driver as soon as she gets off the plane? It doesn’t make any sense, but in the Korean court system it makes perfect sense. This is an incident that if it happened today USFK and the US government would probably have made large protests about with the cab driver not being punished for his crime.  However, back in 2004 USFK was on the defensive due to the anti-US movement that had been triggered by the 2002 armored vehicle accident that killed two Korean school girls.

I have always hoped that everything turned out alright for this soldier who was raped and the perpetrator was allowed to walk.  However, remember this story the next time someone makes the claim about GIs never being punished for crimes in Korea.

Note: You can read more GI Flashbacks articles by clicking on the below link: 

ROK Army Soldier Sexually Assaults US Soldier

Nomad is right, this is different:

A South Korean soldier faces trial in a military court, accused of sexually assaulting a female U.S. soldier at Camp Casey on Dec. 19, 2nd Infantry Division and Ministry of National Defense officials confirmed this week.

The soldier’s first hearing in the South Korean military court is scheduled for Feb. 2 in Dongducheon but will be closed to the public, a defense ministry spokesman said.

The 6th Infantry Division soldier has been jailed since his arrest, the spokesman said.

I can guarantee you that if the soldier is found guilty the ROK Army will punish him much more severely than the light sentences handed out to South Korean civilians who have raped US soldiers in the past.  In my unit a few years back we had a senior KATUSA go to ROK Army jail for 2 months just for hazing a soldier.  Worst of all for him was that his time in jail did not count against his two year ROK Army commitment.  His hazing crime?  He would make new KATUSAs sing patriotic Korean songs in front of the unit. Finally one new KATUSA complained and the next thing we knew the senior KATUSA was in jail.  I can only imagine how long a sexual assault conviction would land a soldier in ROK Army jail, especially when you consider the ROK Army is really going to want to save face with their USFK allies.

It will be interesting to see how this turns out when you consider in 2003 a similar incident happened between a USFK a soldier sexually assaulting a KATUSA trainee at Camp Jackson:

A U.S. military court on Thursday sentenced an American soldier to 30 years in jail for sodomizing a South Korean soldier, the U.S. military said. Two other American soldiers suspected of involvement in the assault are under investigation.

Sgt. Leng Sok was court-martialed at Camp Casey in Dongducheon, north of Seoul, on charges of aggravated assault, indecent acts, sodomy, submission of a false official statement and conspiracy.

Sok “has been found guilty in all five charges,” said Lt. Col. Steven Boylan, a spokesman for the U.S. Eighth Army.

The victim’s family actually handed over jurisdiction of the case from Korean authorities, despite protests from anti-US groups, to the US military because of the light sentences given for sexual assaults in Korean courts.  The convicted sergeant in this case received 30 years in jail.  That’s sending a message and I expect the ROK Army will probably want to send a message as well.

Anyway as OFK points out the irony of this rape is quite evident when you consider all the righteous outrage from sectors of Korea over the US soldier who is alleged to have a raped a Korean woman a couple of weeks ago. I haven’t seen anything about this case in the Korean media yet compared to the instant headlines the US soldier made after his arrest two weeks ago. This is just the continuation of a trend of when crimes are committed against US soldiers little if any articles in the Korean media are written about it compared to instant headlines every time a US soldier commits any crime no matter how small against a Korean civilian.  The soldier doesn’t even have to commit a crime, it just has to appear he did to make headlines.  This is how the Myth of GI Crimes is cultivated in Korea.

Sexual Assualts Against Foreigners in Korea

An issue that has gained recent attention is the issue of sexual assaults in Korea. There has been plenty of recent attention in Korea on sexual assaults against minors and other Korean women. Many of the recent high profile assaults against these women have been by repeat rapists who had received lenient jail time measured in months after their first sexual assault. These cases has caught the attention of the Korean media and hopefully this attention will lead to positive change in Korean society against sexual predators by not immediately condemning women who have been raped as prostitutes for example or giving these monsters who rape women light sentences which is right now an all to common practice in Korea.

Despite the media coverage of the sexual assault problems in Korea, something that has continued to be ignored by the Korean media is sexual assaults against foreign women in Korea. I have highlighted a number of assaults against female foreigners in Korea. Here are a few examples of past assaults on foreign women in Korea. A 19 year old female soldier newly arrived to Korea from Incheon airport was raped by a cab driver bringing her to Seoul. Then there is also the Jamie Penich murder in Itaewon that should be familiar to many expats out there. Then most recently the rape of an Army officer in Taegu that was almost totally buried by the Korean media.

If you don’t believe me that these stories are buried go ask the nearest Korean if they have heard about the rape of the US Army officer. They will probably tell you they never heard about it. Now ask them if they heard about the drunk idiot GI in Uijongbu who hit a beer bottle over a Korean guy’s head, they will probably tell you that they have heard of that, however. I just find it sad that a ville incident such as the beer bottle case would draw more publicity then a rape in Taegu, especially since the rapist wasn’t caught and could be still out there in Korean society raping more people. It just seems to me a rape case should draw as much media attention as possible in order to identify the rapist to ensure they are caught and cannot rape more women.

In an effort to educate people more about sexual assaults in Korea, I was contacted by a young lady who was sexually assaulted and beaten while teaching English at a hagwon in Seoul. For those familiar with prior assaults on foreign women in Korea you will see many similarities in this case with those prior cases in as far as how incompetent the Korean police are. The important thing is to learn from her story things that you can do to help yourself if you find yourself in a similar situation or maybe you are helping someone that unfortunately was assaulted because the Korean police are not there to help you.

With that in mind here is a story of a sexual assault in Korea that no one has probably heard of, but should of:

I came across this blog in doing my own research about the incidents of foreign females in Korea being assaulted and saw the story from back in July when a female military officer was assaulted by a cab driver. I am so lucky that I have found this blog and can spread the word about the dangers of being a foreign female in Korea and how biased the Korean media, police, hospitals, etc. might be to you if something horrible were to happen. I, too, was a victim and want anyone who wants to hear my story to listen up and spread the word.

I came to Seoul in February of last year to teach English. This was not my first time in Korea, having visited Korea in high school with my Korean friend and having also studied Korean language at Yonsei University in 2000-2001.

I was living in Seoul in what is considered to be one of the safest (aka richest) areas: Chungdam. I am sure you know the 24 hour McDonalds, Hard Rock Cafe, etc—I lived across the street from those places. On July 31, 2005, I arrived to my one room when around 11:20pm, my window slides open and a man is in the window. In the second that I sat frozen in my computer chair in shock/surprise/disbelief, he hopped down from the window and lunged at me and began to hit me with his fist repeatedly, while choking me with his other hand. After hitting me for a few minutes to where I was going unconscious, he ran over to my bag, grabbed my wallet, and in Korean, said the first word “Don, don, don”, which translated means “Money, money, money”. Being a Sunday night, I had just spent the last cash I had and I told him that in Korean. At this point, he began hitting me again. After only a few hits, however, he decided to begin choking me.

He gave up choking me and began hitting me more until I again was drifting in and out of consciousness.

He then decided to rape me. He first tried covering my bloodied face with a shirt but I quickly bled through it so he told me in Korean, “Wash your face”. He went into my kitchen to get a knife and I knew it was my chance to get away. In that instant I found my cell phone and locked myself in the bathroom.

Once locked inside, I called the police. According to their police report was at 11::40pm. They did not arrive to my apartment until well after 12am despite a police station being only 5 minutes by walk from my house. I didn’t trust that the police believed me and understood to come so I also called my friends, but they too, were all far away. When the 2 policemen showed up, the man was gone. I told the police what happened and that I need to go to a hospital right away but their first words to me was to say “Where are your panties and give me your Alien Registration ID card”. I managed to find my ID card and I gave it to him and then ran out my door to try to get someone else to get me an ambulance. The police came out and told me to sit in the back of their police car, which I did. Soon after, the ambulance came and they did not help into the ambulance on a stretcher. They opened up their sliding side door and told me to walk in. I did and lay down on the stretcher, unattended by anyone

The first place I was taken was called Samsung Medical Center. When we arrived there, again I was not taken in on a stretcher, but instead the two ambulance workers opened the door and told me to get out. As we were walking in, they did not assist me in walking and wouldn’t even open the hospital doors for me until I pulled up the back of my running pants which had slipped down to reveal the top of my panties. I was laid on a stretcher and someone came to clean my face and photograph my injuries. Within a short amount of time a number of my friends and coworkers began arriving and immediately we worked together to recall what I could of the attack while the hospital workers were deciding where to send me. I explained to them first of all what happened and asked them to please test my fingernails for his DNA because I probably scratched him. My friends (no police were to be found now) then got a pen and paper and were asking for his description and also began listing the places I could remember he touched: My window, my wallet, my bag, my refrigerator, my door lock, my sink faucet—all places that could be tested for fingerprints. This first hospital also took pictures of my injuries which now are LOST. The hospital has told the US Embassy that they do not have a camera to even take pictures; while they told my friend who inquired about them that they just don’t have record of my name for that date.

After I would guess about 40 minutes-1 hour, I was moved to a 2nd hospital—Hye-Min hospital in the northwest part of Seoul. I was put into the ambulance on a stretcher but again, was not tended to by any professionals. My two friends rode with me and when I began feeling nauseous and throwing up from the bumpy ride and my head injury, my friends were helping me not any professional workers. I do not remember the emergency room of Hye-Min Hospital and what I will tell you comes from my friends who were dealing with admitting me. This comes from 2 Korean friends, 1 American friend, and 1 Canadian friend. My friends were speaking with the man admitting me, he said that the hospital would not help me unless I paid him $1000.00 in cash because I was a ‘Russian prostitute who probably deserved what I got’. Finally after convincing him I was neither Russian, nor a prostitute and having my boss show up, they decided to admit me into Intensive Care. Despite my major injuries being associated with my head and eye, there was no eye doctor even available at this hospital. However, the first hospital claimed that the bigger hospitals’ ICUs were all full and they could not take me.

At this hospital, I basically laid for 1 day on an IV —no medications were given and very little monitoring was done. My blood pressure was checked maybe 2 times per day and I was given no heart/oxygen or any other standard monitors. Besides being in pain from my head injuries, I was unable to sleep or lay without pain due to severe neck and back strains from being choked. The bed was flat in a very uncomfortable position and I was told if I needed to be moved I would have to pound on the side of my bed to get a nurses attention because they didn’t have call buttons. Of course, when I did this, nurses would ignore me for 10-15 minutes or more. I was finally moved into the ICU of Yongdong Severance Hospital where I was given good treatment and finally tests were taken. I was given an immediate CT scan, along with X-rays and an eye doctor looked at my eyes. It was decided that I had a brain hemorrhage, fractured skull and other facial bones, ocular hemorrhaging. On day 3 of my ordeal, I was visited by a deputy of the US embassy and a Korean detective, who through my best Korean friend, interpreted what happened and the suspect description. No sketch was taken, however.

While in the hospital I was thinking about who this guy might be so I gathered a list of the places I walk a lot. Based on his skin tone and build, I figured he must work outside and suggested to the police to check 3 nearby construction sites near my house that I regularly walk by, 2 car shops or local taxis. Based on the glove marks around my neck, I figured he could be a taxi driver and a taxi driver lives in my building, yet the police never interviewed anyone in my building or the surrounding buildings. My friends interviewed my neighbors on their own who said they did in fact hear screams, but were too afraid to help and saw nothing. The police interviewed no one, took no suspect sketch, no DNA, and despite claiming that they took fingerprints, there was no evidence of the traditional black soot fingerprinting would leave at my apartment. There were no police reports sent out to the media and despite me and my friends calling every Korean and English news and television media outlet, no one would cover my story or even just release information regarding the suspect’s appearance. I also remembered that because I lived in the nicest area of Seoul, for “security” they have CCTV cameras up around the neighborhoods. My Korean friend called the police with this information and all of my other suggestions about where to find the suspect and their response to us was “We do things our way, we are handling it, leave us alone”. I was never contacted by the police again. During my final day in the hospital, I finally got enough courage to look at the shirt I was wearing during the attack. The police did not collect it for evidence or DNA. Upon my examination, I found a short black hair to which I applied a piece of tape and called the police asking them to please come and pick it up—-it could be the suspect’s hair! Again, they responded, “We do things our way; we don’t have time for that”. Finally, after returning to America and complaining to the Embassy, the police agreed to look at the hair and we fed-exd the shirt to the police. It was returned “tested” with the hair still in tact. Nice, right?

I do not even want to get into my school. Of course we know how hagwons are. All I will say, is that they deemed me to be too problematic to the school because they feared I would reveal where I worked and make them to have a bad reputation. When I was released from the hospital, I had made flyers to distribute throughout my neighborhood with a suspect description and I was told by my school and the police that I could not do so because it would make all Koreans look crazy. So, despite being promised I would have a job when I was completely, recovered, I never got the offer back.

After returning back to the USA, I am not aware of anything going on in the investigation. About 3 weeks after my attack, a Korean girl was found naked and murdered, dying from the same injuries I sustained and she only lived about 5 minutes from my house by walk. So after 1 month, the police requested I get a sketch of the suspect and started sending me pictures of sex offenders about 2 months after my attack. But of course, the mind is a great thing and tries to forget something like that, so making a sketch now is difficult. Due to the recent string of serial rapes in Korea, I have taken it on myself to try to find out anyone who is arrested in case I may recognize the guy. After seeing a picture the Taejon serial rapist who was captured in Seoul in February, he seemed familiar to me and so I contacted the Embassy. They said the police determined it was not the same man who attacked me based on a DNA mismatch. Oh, now they do have my perpetrator’s DNA? Up until this point, I was told they didn’t have anything. Suspicious is the fact that they will not give the embassy pictures of the man for me to identify.

That is my story. My goal is not to shock, not to expound hate on Korea or Korean people. My goal is to make us foreigners living in a seemingly “safe” country aware that even though these things do not appear in the papers, they can and do happen. More importantly, I am looking for ways I can help to get started programs for foreigners to provide safety education and resources. If you would be attacked, do you know enough Korean to call the police, or do you even know the police number? If you do suffer an attack, there are no rape crisis lines or centers for foreigners. Finding a psychologist who speaks English is also difficult.

We need to get together and make a positive change. Acknowledging that there is a problem is the first step. Now, let’s make a difference.

I know this post is long but I think the information provided in it is very important because I know I learned plenty from the writer’s tragic experience and hopefully others did as well.

73 Year Old Buddhist Priest is a Child Rapist

For every crazy child sex story in Korea, Japan always finds a way to top it:

An elderly Buddhist priest, who also headed a nursery school attached to his temple in Hiroshima, has been arrested for child prostitution, police said Friday.

Itsushi Ehara, 73, chief priest of Komyoji Temple in Aki-ku, Hiroshima, and director of an affiliated nursery school, is accused of violating the Anti-Child Prostitution and Pornography Law.

He admitted to the allegations during questioning. “I did it to alleviate my work stress,” he was quoted as telling investigators. He has also confessed to having been a member of a child prostitution club and paid several high school girls to have sex with him on more than 20 occasions.

In the specific case for which he was arrested, Ehara paid 80,000 yen to a girl, who was a 15-year-old, first-year high school student, to have sex with him at a hotel in Shinjuku-ku, Tokyo, in August 2004, Tokyo police said.

Work stress? WTF?

Hat Tip: Japundit