During the trial, his lawyer denied the allegations, admitting that there was kissing and touching of her breasts but saying that Himchan had implied consent.
On July 12 at the Seoul Central District Court, Himchan’s lawyer made a statement regarding the charges of indecent act by compulsion, saying, “There were feelings of interest between the two. It wasn’t explicit consent, but there was implied consent, which is why it is not indecent act by compulsion.” The lawyer continued, “It’s clear that there were feelings of interest between them. We acknowledge the truth of the kissing and the touching of [her] chest, but there was no other physical contact beyond that.”
While I’m unsure of the viability of this legal defense, it wouldn’t surprise me if it ends up working due to the compulsion aspect of the charge, no matter how unbelievable that may sound.
That said, he essentially admits to her description of the events being true, claiming only that he thought he had consent. Thus, even if he didn’t mean to make her feel victimized, that clearly still ended up being the case, so it seems like an issue even if he gets off legally.