Both sides appear to agree on the order events in the case, but differ markedly on what actually happened.
Lee Jin Wook, A, and their mutual acquaintance meet for dinner at roughly 8 p.m., and go their separate ways after 9 p.m., after which Lee Jin Wook and his friend go off to a second location. Approaching midnight, Lee Jin Wook calls A twice. Afterward, at about midnight, A texts Lee Jin Wook her home address. Lee Jin Wook calls A again at 12:13 a.m., after which she texts him the passcode to get into her building and her apartment number. Lee Jin Wook calls A again minutes later at 12:21 a.m. Lee Jin Wook leaves A’s house at around 2:30 a.m.
The alleged victim explains the calls thusly…
“Lee Jin Wook said he would install blinds for [A]. At first she said it was okay and declined. Then he called again and said he would just check parts and leave. It was difficult [for A] to reject his goodwill further, and after the second call ended, she sent him her address.”
…while Lee Jin Wook’s side explains it with similarities but with different intent.
“Lee Jin Wook called first. The conversation was normal. He also talked about blinds. However, if A had expressed opposition, he wouldn’t have gone to her house. She told him what intersection he should go to, and he called her again to get an exact address.”
Logically, what was discussed or what the intent was shouldn’t matter at all. Regardless of what she said to him in the moment or what happened prior, it doesn’t prove or disprove that she was victimized by Lee Jin Wook. However, in addition to what we know about how consent works in sexual assault cases, whether she invited him over or whether he sorta forced his way over could prove relevant to the law.
In (Korean) rape cases where no (real) outward/objective evidence of coercion is presented, (past) text message exchanges (between accuser and accused) can play an important role in determining guilt.
That doesn’t mean you have to care about technicalities, of course.
As far as the text exchange goes, both seem to agree on what was sent, but differ on the reasons for sending it.
Lee Jin Wook submitted the two texts — in which A told him her address and building passcode — as evidence supporting his claims to police, while A says Lee Jin Wook asked her for her address, and that she sent him the code to her building because her intercom was broken and she wouldn’t be able to hear him page her apartment. “This was confirmed by the police when they inspected the scene. It was a very natural text to send,” said A’s side.
Again, I don’t find any of this relevant for anybody, but the court might.
Perhaps most importantly, especially given the way consent is setup, the alleged victim submitted medical reports showing bruising, which is being used to show force was involved.
Dispatch also came into possession of the injury report and photos of A’s injuries — from July 15 — that were submitted as evidence of force, which show bruises on various parts of her body, including her ankle, knee, shoulder, cervical vertebrae, and lower back. The report states that the injuries would take two weeks to heal fully.
Lee Jin Wook’s side disputes that by saying that it was reported two days after the alleged incident. And while I do agree that it’s possible something else happened between then, this exchange of an explanation for the delay is completely on the side of the alleged victim.
A’s side claims that she had never been to the police station, and didn’t know proper procedure. “When she was submitting her complaint, they told her to bring evidence. That was the evening of July 14. Photos were then taken, and the injury report was written on July 15.”
Lee Jin Wook’s side: “There was no telling who started it. It progressed naturally. Lee Jin Wook also was examined for injuries at the police station. There were none to be found on his body. If there had been use of force, A would have resisted. There is not one single nail mark [on Lee Jin Wook’s body].”
It’s always understandable that an alleged victim doesn’t report immediately to the police like they are some kind of robot instead of a human, and it’s especially true if she did go to the police soon after and they told her to come back with evidence. Furthermore, Lee Jin Wook’s argument that he was unhurt isn’t very persuasive considering the whole point is that he allegedly overpowered her and she was likely scared shitless as a result in that scenario.
Again, though, this is an important argument his lawyers are making, because she not only needs to prove that she didn’t want to have sex with him, but that he also used force to detain her or that she tried to get away. A gross way to interpret what is and isn’t rape? Yes, but a reality at the moment as well.
The next point of contention what happened following the alleged assault with a text message exchange. The morning after, the alleged victim sent a text to her friend that introduced her to Lee Jin Wook, which was a link to info about a burger joint.
Explaining why she sent those texts, A’s side said it was a sort of “ice breaker,” because she wanted to ask about Lee Jin Wook’s behavior. “A was frustrated with the situation, so she sent a text to B. She wanted to know if B knew what Lee Jin Wook did, but B’s reaction didn’t indicate that he knew anything, so A didn’t feel the need to continue messaging him.” Meanwhile, Lee Jin Wook’s side claims that the texts are uncharacteristic of someone who has just been a victim of rape, and that it doesn’t make sense that A waited a day to report the assault.
Since I was misunderstood last time, I should clarify that I don’t believe this is odd behavior on her part, but as I previously explained with regards to sexual assault cases and courts judging text messages, it is absolutely relevant to the case itself and could hurt her depending on how the judge sees it.
As far as waiting to file sexual assault charges, even Lee Jin Wook’s side admits it’s probably not about money and they have no idea what she would do this.
A’s side explained how her thought process changed from July 13 to 14, when she filed the complaint for sexual assault. “If A just wanted money, wouldn’t she have immediately gathered evidence? She at least would not have washed the blankets and towels that had bodily fluids on them. She would have gone to the police without showering. Because all of those things are evidence.”
Lee Jin Wook’s side: “We don’t think money is what [A] wants. If it is, she would have contacted the agency. Lee Jin Wook had an extremely good feeling about A, which makes [this situation] harder to believe. We are also curious as to why A changed her mind. They separated on good terms…”
Wait, what? I mean even if you were aware your client is guilty, why would you admit that you basically have no idea why the alleged victim would want to press false charges and that she definitely doesn’t want money, thus refuting the main thing most netizens take Lee Jin Wook’s side with?
Dispatch also got both sides to make concluding statements to them, as if they were literally arguing the case in the court of public opinion.
The alleged victim talked about being afraid of all this…
“What do you think a legal battle is like for a civilian going up against a celebrity? They make the victim the assailant. They tend to make [the victim] look like a gold digger. I’m just a normal person. I take the subway to work, and I love my job. That’s why I have no choice but to be more careful. Will I be able to win in a fight with a celebrity? Will my identity be protected? Will there be rumors going around my friends, my family, at work? They say I sued just because he is a celebrity? No. That is the reason why I’m scared.”
…while Lee Jin Wook didn’t offer much of a defense at all.
“A celebrity is extremely careful when starting any sort of relationship with a civilian. Especially these days. Lee Jin Wook felt that A was trustworthy. While it was a short period of time, he thought they were connecting. That’s why he contacted her again. It was A’s house. What if she had domestic CCTV? Or if she had some cameras set up? If a woman says no, it’s impossible to push. Because he’s a public figure, he has no choice but to be more cautious. Because he knows it would be the end.”
There’s no even denial or rebuttal in this from his side, it’s just a bunch of stuff about how he needs to be more careful and how he couldn’t have done it because he’s a celebrity.
Regardless, in court, given how the law is constructed, it’s still an uphill battle for the alleged victim. And yes, I realize that giving shitty public statements doesn’t make you guilty. However, I can’t imagine a worse way to approach this than what Lee Jin Wook’s side have done so far, which is almost borderline admitting to something unsatisfactory happening and defending the alleged victim against the public’s vitriol.