There are new developments in the Park Shi Hoo rape allegations that add significantly more facts to the case. For those of you living under a rock the last few days, the biggest news in K-ent has been the allegations made by a 22 year old trainee known as “A” that she went drinking with Park Shi Hoo and was raped after she passed out from drinking too much. Park Shi Hoo released a statement denying the accusations, admitting only that he drank with A and the subsequent sexual encounter was a mutually consensual affair. The Seoul police have summoned Park Shi Hoo in for questioning and he’s retained a lawyer. Immediately after the news broke, the owner of the bar that Park Shi Hoo, A, and a rookie actor known as “K” were drinking at says he checked CCTV footage from his establishment which showed A was able to walk out of the bar unaided that night. When asked about what A was wearing, he said she was dressed in skinny jeans and very chic like most hip young girls her age. He described her as very pretty and slender. Please don’t ask me why the media even cares what she was wearing that night or what she looked like, because that insinuation that her attire or looks somehow has any connection with a possible rape enrages me and imma flip some tables. Now police sources have revealed that the sexual encounter happened at Park Shi Hoo’s apartment and CCTV footage from his building shows that rookie actor K drove A and Park Shi Hoo home. He parked in the garage and was seen piggybacking an unconscious A into the elevator while Park Shi Hoo walked beside him. Oh lord, this is some stunning fact to digest and much more pertinent to the investigation than the bar owner claiming A was not unconscious when she walked out of the bar.
The facts so far are: (1) Park Shi Hoo and A drank that night at a bar, along with K, (2) Park Shi Hoo and A slept together afterwards, (3) A was not unconscious at the bar and walked out by herself unaided, and (4) A was unconscious entering Park Shi Hoo’s apartment building when she was piggybacked into the elevator by K. Everything else is speculation, people. Park Shi Hoo fans need to stop victim blaming and questioning A’s motives at the get go. Just because Park Shi Hoo is a good actor or good looking does not mean he can sleep with anyone he wants or every woman out there would agree to sleep with him. Rape is still a stigma for women everywhere and to even suggest that someone who was training to enter the entertainment world would allege rape to get famous is far-fetched. Not outside the realm of possibility, but definitely at the outskirts of probability. Not sure how a rape victim could get famous other than be infamous as the person who may have been raped by Park Shi Hoo. And rape victim advocates need to calm the heck down, just because there is a reluctance to rush to castigate Park Shi Hoo when there are not yet enough facts out there isn’t buying in the male dominated rape apologist culture. However, I will say that if indeed A was unconscious when she entered Park Shi Hoo’s apartment, there is a low probability that she sobered up enough inside to legally consent to sex.
Here is a good definition of “legal consent” in the sexual activity realm. Sexual activity requires consent, which is defined as clear, unambiguous, and voluntary agreement between the participants to engage in specific sexual activity. Consent cannot be inferred from the absence of a “no”; a clear “yes,” verbal or otherwise, is necessary. Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. Agreement given under such conditions does not constitute consent. Consent must be clear and unambiguous for each participant throughout any sexual encounter. Consent to some sexual acts does not imply consent to others, nor does past consent to a given act imply ongoing or future consent. Consent can be revoked at any time. This means that even if A wanted the sexual encounter before she passed out, once she passed out then engaging in the sexual encounter does in fact constitute rape because she was incapable of changing her mind and revoking her consent. I’m being super specific because as a lawyer I hate when people don’t understand that a person (man or woman) is allowed to change their minds to sex whether before or during the encounter. I don’t think Park Shi Hoo’s career is over in K-ent but I wouldn’t be surprised if he takes a long hiatus from acting. This is of course ancillary to the even more serious consequences should he be indicted and convicted of rape, i.e. jail time. However, call me jaded, but my gut tells me this thing is going away whether it is true or false. Money and power always talks in the end.