If ever there was a public appearance by a celebrity who looks like death warmed over, that would be Park Shi Hoo being photographed as he went to the police station yesterday for his second interview. This summons was not for him alone, both A and K were also summoned and appeared as well. All three were summoned to undergo a lie detector test, which in South Korea carries the same general legal and reliability weight as it does most everywhere else in the world – it’s acknowledged as being highly subjective and not reliable in a court of law, but may be used in court with certain limitations. The police have resorted to a lie detector test since there is such a wide divide between Park Shi Hoo’s version of what happened that night (mutual attraction, consensual sexual intercourse) and A’s version of what happened that night (passed out drunk, woke up confused about how she ended up sleeping with Park Shi Hoo, did not consent or want sex with him). Not to mention the conflicting text messages abounding in the media, some of which bolster A’s allegation while others imply Park Shi Hoo was being targeted. The media was once again camped outside the police station and Park Shi Hoo arrived wearing an austere grey suit and looking utterly haggard with red-rimmed eyes. Once again he respectfully bowed to the media and apologized for this situation and hopes it will all be cleared up soon. Initial police reports have the lie detector tests registering such diametrically opposite responses from Park Shi Hoo and A that the police had to end the morning session so everyone could take a break for lunch before resuming. The lie detector test interview concluded in the mid-afternoon and everyone involved made a quick departure shortly thereafter. Police have said the results will be released on March 17th.
Rape spans the gamut from horrifically violent (most recent high-profile case involving the girl in India who was gang raped on the bus, with the alleged rapists penetrating her with a steel bar and ripping her intestines out in the process – yes this is gruesome and hard to read, but as a human being we need to acknowledge that brutality of a sexual dominant nature does happen way too often against women who are physically weaker by men who are naturally stronger), to leaving-no-traces and is hard-to-prosecute, such as marital rape (wife wants to sleep, husband forces intercourse against her will). A rape victim also can react in a myriad of ways, from being confused and unsure if she was raped if there was alcohol or other substances involved, to being ashamed and not wanting to report it, to being traumatized and afraid of seeking justice because the rapist might be someone in a position of power in her life. This lie detector test session is fine and all, but its not going to shed any definitive light on this situation, especially if Park Shi Hoo genuinely does not believe he raped A and A genuinely believes she never consented to sex with Park Shi Hoo.
Rape is a crime that does not require intent – some crimes requires intent, such as murder which indicates it was pre-meditated, while manslaughter does not require intent – a man does not need to know he is raping a woman or be planning to rape a woman, rape can be established because the sexual intercourse was non-consensual from the standpoint of a woman. And yes, I know that men can be raped as well, but its such a minute percentage of rape cases since human anatomy makes it harder for a man to argue non-consent when his male organ’s ability to participate in sexual intercourse indicates arousal and implied consent. I hope the police keep going with their investigation and then issue a dismissal or indictment forthwith. This investigation has been dragging on way too long and that is a disservice to the victim – whether that victim turns out to be Park Shi Hoo who was set up and then maligned and persecuted by the media, or the victim is A who was raped after she went out drinking and passed out drunk.
Yikes. The lie detector will show that both parties believe the story they have been telling, and enforces the “He said, she said.” nature of these circumstances.
I am super curious why the lawyers agreed to it, unless at this point they are aiming to settle fast. Money may just make it all go away.
And the civil lawsuits disappear?
Why they agreed. Because everyone believes they are telling the truth. Just think of an accident and there are six witnesses- everyone will have a different version of what happened and there assumption of the truth, it doesn’t make them liars. it’s just their version of it.
Let justice prevail.
Yeah, not sure what a lie detector would accomplish. Both sides seem to genuinely believe their side of the story.
It comes down to how the questions are phrased.
“Did you rape A?” Vs “were you aware that A was drunk and that her judgement had been impaired?” A very different lie detector results can arise from these two questions
Yes and sometimes no matter how they memorized the script they will trip up if something doesnt go with the script.
that is very interesting, about the “intent” that does not need to be there. I didn’t know / never thought about it. But I am sure it makes a difference whether there was an intent or not in court?! Also: if there does not need to be an intent, how on earth can anybody prove that it was or was not rape? It seems impossible.
I’m no criminal lawyer (and definitely not an SK one), but I think what constitutes rape depends on the wording of the relevant penal legislation of the jurisdiction. The general rule is that a criminal offence requires both mens rea (intention) and actus reus (action), although there are strict liability offences which do not require the demonstration of intention on the perpetrator’s part (eg sexual activity with an underaged minor).
Here’s an interesting article on SK rape law, dated last year: http://nwww.koreaherald.com/view.php?ud=20120424001151
“For the South Korean rape law requires a perpetrator have sexual intercourse with a female either through the use of violence or intimidation or by taking advantage of the victim’s condition of unconsciousness or inability to resist. And Korean prosecutors and courts define the latter as requiring complete and total unconsciousness or inability to resist, not just an alcoholic blackout brought about by excessive alcohol consumption.”
We will never know what happened in the bedroom that night. Assuming that the law described in the article is current, while the CCTV footage does suggest that she was under the influence that night, nobody can be sure that she was “totally unconscious” during sexual intercourse. Plus, there was a period of delay before a rape kit was done, so any evidence of use of drugs or substances might be inaccurate.
Back to the issue of intent. I would think that from the excerpt above, it could be argued that 1) if a woman is conscious and she says no and you proceed to have sexual intercourse with her, there is intention to commit rape; and 2) if a woman is unconscious and thus is unable to consent or refuse sexual intercourse, and you proceed to have sexual intercourse with her, there is still intention because you know that she is unconscious and you still took advantage of her (especially in the case of stranger or acquaintance rape). It’s harder to prosecute marital rape or rape within a romantic/sexual relationship in the second scenario, because past conduct might suggest that consent has been impliedly given.
I clarify here that I am not suggesting that rape in the second instance do not occur under such circumstances, just that it is more difficult to prove. The burden of proof usually rests on the prosecutor and the standard is usually that of: “beyond a reasonable doubt” and the defendant is “presumed innocent until proven guilty”. So the Defence usually just need to persuade the jury/judge that the prosecutor cannot prove beyond a reasonable doubt that the victim had refused consent or is absolutely unconscious.
Argh… Messy messy messy – this is why I decided not to pursue criminal law!
Thank you for an intelligent and informative comment.
Geeez! Marvellous input! Brings back memories of those long days memorising the Penal Code and the long list of cases for criminal law course! Brilliant summary – in a very nutshell but with conspicuous clarity on the basics of criminal law! Rape is really one of the shady area with different shades of grey…
Justice? Money can butt in? Truth prevail? Who is lying? Framed? Trapped? Such tangled web & intricacies of the words of the law. Again this drew my nostalgic memory lane during my first few lectures when my lecturer stressed that in interpreting the law, 1+1 doesn’t equal to 2 all the time!
Good luck Park Shi Hoo! As much as tried not to follow on this issue, I can’t help to still join the discussion – LOL 🙂
Finally, the police is taking some notable action to try and solve this. Although it is pretty hard to give out a definitive answer, the lie detector can give traces of who’s telling the truth or not, if one or both of them has something to hide, or believes one thing, but says another.
The lie detector is – as far as I remember – the 3rd step the police officially took to try and clean up with mess. The first two being the investigation of PSH and the CCTV footage. This is a great step towards the right direction, rather than interviewing the extras A-Z and taking their word for the case, when honestly, they had absolutely nil involvement.
The three people directly related to the case is A, K, and PSH. Let us get back to the story and have the main leads take over.
Ms. Koala, if anything, I want this case to be a wake up call to people in Korea about these issues. The event may not be nearly as horrific as that in India, but being there at the time, I saw people really stand up for women in sexual issues for the first time. I don’t know what happened in this case, but I hope that regardless of result, the state of sexual issues in K-ent will improve drastically.
This case is eerily similar to the Steubenville, Ohio rape case. The victim was drunk didn’t remember a thing until video was shared via multiple social media outlets and she says she didn’t consent. The defendants’ attorney says it was consensual. It would be interesting how this will turn out.
I don’t think anything can be compared to the Ohio case. That case is too horrifying. The way the guys video taped it and were calling her the dead girl while they were gang raping her and laughing about it on social media beyond comparison, imo.
That one gives me shivers.
I was referring to the drunken state of the victim but yes, the Ohio case is horrendous.
Also, witnesses said that the 16 yr old victim was so drunk that she threw up twice and had to be carried by the alleged perpetrators. Prosecutors say too imparied to give consent. Sound so similar huh?
The plot thickens…
If someone can’t say yes, that means no. That is how I have always viewed these types of cases.
And if he was sincerely being friendly, and had the intention to get to know her better WHY then he did not just met her again some other day when she’s not drunk, have a NORMAL date and really get to know her, is that so hard to do?
It’s not hard to do. Let’s say, a thief to rob a house and has a weapon, then he suddenly sees a house’s owner (the victim who’s being rob) is in her nightgown. He got arouse and go ahead and knowing he is holding the powlyer because he has the weapon. He goes ahead and fills his needs and sexual assault the victim. Sexual arousal can’t be planed. Sometimes, just a lust thought and unable to rationalize to control the though is sufficient to …. (you fill up the blanks). The Lust thoughts plus Power can be scary…
its sad two lives have been ruined for ever
now i will be waiting for the 17th i hope this is resolved soon
now K gave interview seek of all this media stuff
K was Interviewed and gave these details:
PSH case: K interview
Posted on 2013/03/14 8:00 am by H.A.T. http://www.parksihoo4u.com
This interview of K actually came out yesterday morning. We hesitated whether to translate it because we have questions about K’s role in the affair and his motive in speaking out the day before the cross-examination. We finally decided to tackle the translation (God! So hard!) because we don’t want you to read bits and pieces elsewhere or come across unreliable translations. Please treat this as reference only. We only believe in Park Si Hoo and what he says.
2013.03.13 08:27 News report
[Exclusive] Park Si Hoo case: “A asks Park Si Hoo to use condom and to be responsible for her till she is 80 years old.”
In the case of Park Si Hoo (36) being accused of rape by an aspiring actress A (22), the younger actor K (24) who was present during the whole incident and who has also been accused of sexual molestation has given an exclusive interview.
K said: “Since Sihoo has been accused, I have talked with him, so I know a significant portion of the truth of the incident. A through certain channels made various claims, but Sihoo has only stated his position during the police investigation and has not said anything else. Many people are looking at him through “colored” lenses [ED: biased], when they should reserve judgement.”
Q & A (A is K)
Q: On the night of February 14, the location of the meeting was changed to a bar in Cheongdam-dong. Allegations are circulating that the change of venue was to get A drunk.
A: On the day of the incident, I offered to introduce A to my elder brother Sihoo. It was February 14, Valentine’s Day, and there were many people in the original cafe, so we switched to that bar in Cheongdam-dong which has private rooms, so Sihoo would not be subject to other people’s curious glances.
Q: What happened inside the room? Park Si Hoo is known for not being able to drink and you did not drink, so was A the only one who drank?
A: Park Si Hoo has never been able to drink much and I was not feeling well, so I did not drink. A was drinking and creating atmosphere and playing drinking games with Sihoo. Sihoo could not hold his liquor and was half dozing; I even took some photos. A drank a lot, but I did not drink.
Q: When the 3 of you left the bar, why did you not break up and instead go to Park Si Hoo’s apartment. Planning a rape?
A: The atmosphere at the bar was very good. We had wanted to go elsewhere to continue drinking, but it was already too late. A was a little drunk, so it was difficult to send her in a taxi to her home in Sangam-dong. Sihoo’s apartment was only 5 minutes away by car, so we decided to go there for another round of drinks. I drove because I was not drinking alcohol, and Sihoo sat in the passenger seat to give directions. A was in the backseat.
Q: When she left the bar, A could walk down the stairs just fine. But when she arrived at Park Si Hoo’s parking lot, she could not walk and had to be carried on your back. Why? It was only a 5-minute drive.
A: In regard to this, both Sihoo and I could not understand. We were puzzled.
Q: What was the situation when the 3 of you went to Park Si Hoo’s apartment? A claimed she was raped by Park Si Hoo while she was unconscious and you also molested her.
A: Originally we planned to continue drinking in Sihoo’s apartment. But when she got out of the car, A was already drunk. A vomited in the elevator. This was not caught on CCTV but the apartment security guards confirmed this fact. Some reports say I took off A’s clothes to wash off the vomit but this is not true. Anyone who is drunk becomes at least half-conscious after vomiting. A was sober enough to go to the bathroom to wash up and then go to bed.
Q: So is it like the contents of Kakao Talk that it was cramped together in bed so you went into the living room.
A: I was used to joking with A. I just wanted to put her at ease in Kakao Talk the next day. The Kakao Talk is just word-for-word dialogue; they don’t mean much. At the bar the atmosphere was very good, so I just wanted to leave Sihoo and A alone, which was why I went into the living room. It is not true that we were having sex as a threesome or that I sexually molested A.
Q: Then what really happened between Park Si Hoo and A in the room?
A: What happened between Sihoo and A in the room that day, only the two of them knew. However, the case is simple. If A was sober, she could refuse to have sexual intercourse with Sihoo. If A was drunk and unconscious and Sihoo forcibly had sexual intercourse with her, then it was rape. If force was used, there would be injurty on A’s body. But there was no injury on A’s body at all, so there was absolutely no rape. A claimed she was raped while she was unconscious. According to Sihoo, during sexual intercourse A was conscious and cooperated aggressively. I will not say in what ways she was aggressive. A also demanded that Sihoo wear a condom, so they had protected sex twice. If A had been raped while drunk, she would not have such reaction. About aggressive sexual intercourse, Sihoo has already mentioned this during the police investigation last time.
Q: You left Park Si Hoo’s home around noon on February 15 and A left at 2:40 p.m What was the atmosphere like then?
A: It was cordial when the two of them parted. Sihoo and A even exchanged cell phone numbers. CCTV footage showed A was looking cheerful in the elevator, fiddling with her cell phone and touching her hair. If she had really been raped, would she have looked so calm?
Q: Park Si Hoo panicked for some time after being accused of sexual assault?
A: Sihoo was terribly upset to experience something like this for the first time. Many people who cared about Sihoo wanted to help. But there were too many speculations and the situation was getting out of control.
Q: One of the questions is the sudden change of lawyers — from the original law firm to PURME. It is said the first law firm which was introduced by Park Si Hoo’s former management company quit because they knew they could not win.
A: Park Si Hoo switched to PURME because it was highly recommended by the people around him. It was not because the first law firm was introduced by his former management company or because this first law firm quit.
Q: Why did Park Si Hoo apply for the case to be transferred to Gangnam Police Station? (ultimately rejected by Western Police Station.) It has been said Park Si Hoo was hoping to receive favorable treatment from Gangnam Police Station.
A: Western Police Station scheduled Sihoo’s attendance for Feb. 24, but Sihoo was just changing to his new law firm PURME who needed time to familiarize themselves with the case and to investigate the incident. Western Police Station in fact only mailed Attendance Notice to Sihoo once and only one. Prior to that, they never called Sihoo directly by phone. The police said they did not have Sihoo’s contact number, so they called Sihoo’s former management company to ask Sihoo to attend the investigation, and Sihoo only heard about it from his former management company. It does not make sense for the police to contact Sihoo’s former management company representative Hwang. Sihoo applied to transfer the police station on the advice of PURME. A’s lawyer used to work at Western District Prosecutors’ Office with jurisdiction over the Western Police Station, and this fact caused some anxiety.
Q: Some reports say the Park Si Hoo side offered A 100 million won as settlement, but A refused because she wanted Park Si Hoo punished. Is this true?
A: It is true. Both sides wanted to settle and 100 million was mentioned.. Some in the media say Sihoo is Goliath and A is David. (Reference is to the bliblical story of the battle between David and the giant Goliath.) However, in a case of sexual violence, the celebrity is actually David. Because he has lost so much already, even if it turns out that he is innocent, he would still receive strong criticism in public opinion in such a case. That was the situation Sihoo was in, so both sides were trying to work out a settlement. As the media reported, A did not explicitly ask for a figure but she made unacceptable demands like “wanting to live in a foreign country” and “PSH must be responsible for her until she is 80 years old.” So they could not reach a consensus. It is true Sihoo’s mother met with A’s father, but the media did not mention the above facts and just presented it like Sihoo’s mother was trying to solve everything with money. It is deplorable that A should try to make things out to be like this.
Q: Some people who claim to be on Park Si Hoo’s side have been talking to the media. Are what they have said true?
A: Not long ago, someone who claimed to be a close friend of Sihoo’s gave an interview to the media and said Sihoo had wanted to continue seeing A. But Sihoo never said such a thing to anyone. That is why even though I’ve been watching everything, I did not jump into the fray for fear of causing more confusion.
Reporter: We attempted to contact A’s lawyer Kim A several times but our calls were not returned.
Its a little creepy with K commenting that the girl is aggressive in bed. However the context of a 24 year old who probably has no filter is very much present.
They have to say that, to make that A was a willing participant. How would he know if he wasnt in the room. PSH the kiss and tell type?
@ Jae said :
They have to say that, to make A was willing participant . How would he know if he wasn’t in the room?
K : “According to Sihoo, during sexual intercourse A was conscious and cooperated aggressively”. That means PSH told him. K didn’t know.
@TARA, Hearsay, unless he is in the room what he said is hearsay and not 100% true. Like B said that A said to her. PSH should say that directly from his mouth but this guy is doing the talking. PSH is smart that way. I mean a lot of people is doing the talking for him to patch loopholes. Problem is, sooner or later all their accounts will contradict just like the exchange of phone numbers bit. He just bows and says he’s sorry to media.
Poor PSH having to endure “aggressive sex” with an not too well known female assailant. LOL. Yeah, save the passionate lovemaking for your wife.
This is ridiculous.
Q: When the 3 of you left the bar, why did you not break up and instead go to Park Si Hoo’s apartment. Planning a rape?
Nice question.
And K doesn’t know what rape actually is if he thinks the woman would have to have injuries…especially if she was drunk!
@ mel said :
“And K doesn’t know what rape actually is if he thinks the woman would have to have injuries…especially if she was drunk!”
Definition of injury by Wikipedia :
– Injury is damage to a biological organism which can be classified on various bases.
– Traumatic injury, a body wound or shock produced by sudden physical injury, as from violence or accident.
Maybe what K saying is that if PSH having sex with her by force, it is definitely on the girl’s body there is an injury. Let’s say she was drunk, she would slower respond to what people are doing to her. So what happens will cause injury by force.
Oh, please, TARAcomic. That’s a load of BS. Don’t defend his words. If she was too drunk to react, there would be no injury. If she was too afraid to react, there would still again be no injury. There are a load of reasons why there wouldn’t be an injury and I don’t think I need to explain that to a grown adult.
Really you are going to believe that sleazy bastard K who is the cheap and trash of all..from the vulgar language and conversation in texts and him carrying A into PSH apartment etc….i can go on and on the sleazy acts he commited in this case…he is more like a broker…..really fans really are gonna gonna believe anything that makes PSH look innocent….there are many who want him comeback to drama soon….really crazy fan-girling….you can’t be so delusional….Really no matter what happen I can never believe PSH is innocent if not entirely guilty….which gentleman who says he like her as confirmed by PSH and his friend in a telephonic interview would bang her the very first day or should i say the very few hours after they met ….also is confirmed A the victim was carried on PSH’S accomplice K ‘s back to PSH’s apartment i mean he banged her when she is unconscious and also it is revealed in text message her feeling of shocked on being naked with PSH in the very next morning in those texts and also from the text between K and A it is crystal clear that A liked K rather than PSH…..CONSENSUAL SEX MY FOOT?………there is no truth in her being fantasized by PSH in a few hours however it was other the other way around as confirmed it was more PSH who liked her….as confirmed by PSH and his friend he wanted to date and continue further the relationship….a man who liked her wanted to date banged her in their first date which is more like a first meeting …IS this the new definition of date?…..such a holy crap in name of a date then….also when she is unconscious if you add then it is certainly rape and even if it’s not the case then having sex with a girl he just met for a few hours is not the workk of a gentleman…..i don’t believe in all stories but strong believe PSH is not innocent either….no wonder he is friends with lee byung hyun…..both are famous for settling scandals with power and money in the end……..Also PSH keeps delaying repeated summons ,also wanted his case to transfer to another police station,refused to hand over his phone in 1st place and pospone it but did it eventually when A accepted to hand over it it in the 1st play ,agreed then refused lie detector test but did it eventually….started doing media play as soon as get a lawyer from big law firm and most dreadful thing when his lawyer revealed the victim’s name to public which basically make her future dead…really with this evidences any dumb can make out PSH is innocent and gentlemanly if not entirely guilty……
I can see you are picking out everything that puts him in a bad light to support your initial belief.
Picking out and twisting stuff, and worse, saying that rumours are “evidence”. When was A’s name ever revealed to the public? And why keep bringing LBH into the picture?
TO Earthone and febe…. i think if you analyse thoroughly without biasness then also you can clearly derive that PSH is not a an gentleman…..i only said the above becoz they (fans)are really making the victim soft target by doing everthing that advocate PSH innocence without considering looking the other side of the coin…the facts that i made above are all confirmed and verified …..even though i don’t believe in all A’S stories but can never believe PSH is a “GENTLEMAN” or entirely innocent with all these facts…..i don’t know PSH lawyer revealed A’s name in the open press conference….yes most still choose not journalist to write it as it so sensitive case…WHY i keep bringing LBH becoz he is close friend and he is the prime example of people who can crub any scandal controversy with money and power….
There are so many loopholes in K answers, I can’t even….a rape counselor would spot immediately at least 3-5 rape culture prejudices, or even plain rape/date rape scenario inconsistencies…Well, one thing it’s for sure even if we won’t find out ever what exactly happened that night: PSH slept with a very young girl he just met, a girl fairly drunk and nauseous and who, if she were sober, wouldn’t have considered him as a sex partner.
Well done, PSH!!
Did we every find out how consent was given to PSH by A?
Not really. From the gist of it, PSH says they “connected” at the bar while A was drinking. Seems he views a drunk girl as being amiable with him.
Ahhh…so it was cosmic or kismet…..
i just hope someone will fail the lie detector test so we can close this worse than those 100+ episodes of makjang immediately … else they’re soon gonna end up calling A-Z for lie detector test as well…jus hope dat nobody commit suicide from this, the longer this goes on, its like burning everyone involves to ashes…sigh
So, not about this case in particular, but in general- I seem to be hearing that if a man and a woman are both drinking, only the woman is absolved from what happens while they are drunk. If they have sex and she says it was nonconsensual because she was too drunk to say yes, that’s his fault and he’s a rapist. It doesn’t matter if he was equally drunk, he is still more responsible than she is for assessing her condition?
For the record, I think at best that psh is a sleaze, and K is worse. But I find some of the arguments about drunken-ness automatically conferring nonconsensual status on a woman because she says so to be more than a little bit strange and double standard-ish. How drunk is too drunk to give consent? Who decides? Why is a woman too drunk to give consent (and I am not talking about being unconscious), but a man is not too drunk to be the adult responsible for deciding that the woman is too drunk for her participation to mean she’s willing?
Don’t know about other cases, but PSH was the one who avoided police and did not do any test blood that could prove he was drunk.
PSH, also is known for being too weak to drink and passes out.
He seemed fine in the cctv. But A did not. She was being carried by K and they even said how bad she was, thorwing up and all..
sooo, who was sober enough to say ”no” in this case? PSH.
If PSH was too weak to drink… doesn’t it seem more likely he would be too drunk to ask for consent? I still think, even if it turns out consensual, his actions are iffy.
And there is really no reason why piggybacked=drunk. Just because she threw up, doesn’t mean she didn’t sober up enough later in the night.
All in all, I’m just saying, we will NEVER know what the hell happened.
Well, according to K, PSH was drunk and K has photos as evidence.
About PSH doing a blood test to prove that he was drunk, it was probably too late to test for alcohol in his body system because even for a very drunk person with blood alcohol content level at 3xlegal limit, it takes only about 15 hours to get rid of all the alcohol in the body system.
This means that if he wanted to prove he was drunk, he had to do the blood test by 5pm on Feb 15, which is even before A went to the police! It is also likely that A is unable to prove that she was drunk via her blood test, which is why they are using the CCTV, piggyback ride, vomiting as the supporting evidence. Otherwise, they would just say that A is drunk because her blood test says so, and not A is drunk because she was piggybacked.
Also agree that it is possible that she may have sobered up during the night, because the level of alcohol will burn off gradually over time.
I tried to be clear that I wasn’t asking about this case, but more generally. I am not interested in defending or making excuses for either of the guys in this case.
Its the way it always seems to happen when a man is accused of rape. Its insane because a lot of the same women who will accuse other women of being whores and gold diggers for dressing to sexy or chasing men will automatically paint those same women as tragically victimized saints incapable of lying or manipulating. When the story first broke no one questioned if she could be faking unconciousness, like its never been done before.
Just like there are misogynist who think women who act a certain way deserve to be raped there are also misandrists and walking wounded who look for any excuse to hang a man. Add to that the alarming number of people who think anyone who has a sex life not ordained by some priest deserve anything that happens to them and , well, you see why rape is far too sensitive to be tried in the court of public opinion.
K said it was difficult to send her to taxi because she was drunk. No one questions it (the CCTV) because she was drunk. How drunk she is , you have to know the A’s tolerance level and BAC. Drunk person can lose conciousness.
Yes, in general, the women have it more easily in the case of drug facilitated sexual assault because of the simple reason that physically, women are more vulnerable then men, we are the easy prey. In general, women are getting more easily inebriated than men, women can be more easily raped than men due to their vulnerable anatomy. Statistically,99% of rapists are men, and some say 1 in 4 women will be a victim to a kind of sexual assault at one point in their life… I’m not defending women though, but this is our nature, we are the weaker sex, we are not equal to men physically in the first place, so we can’t expect to treat both women and men equally in a case of drunken/drugged sex/rape. It sucks for us, women, I know.
In this particular case though, I will say only this: if PSH was drinking as well, he wasn’t so drunk as not to remember almost everything from that night and to state without any doubt that the sex was consensual. A, on the other hand, can remember almost nothing, is confused, thinks that sleeping with PSH was a huge mistake, believes she was unconscious all the way just because she can’t remember agreeing to sex…This a typical drug facilitated rape scenario…
What if she was too numb physically from the alcohol to disagree to sex, but let him having sex with her because she was too weak to stop him, and in the morning she couldn’t remember that she didn’t wanted it and couldn’t stop him? What if PSH only interpreted that she likes him, because perhaps she was a happy drunk, and went to seduce her as a consequence and sleep with her because she wasn’t reacting much/was only a passive sexual object? That’s rape right there, rape without intent perhaps, unintentional rape by a guy who wanted desperately to get laid.
Sober/almost sober guys shouldn’t have sex with drunk girls they barely know even if they seem to be willing, because guys can be accused of rape anytime by those girls, the next day, the following week, month.
And girls shouldn’t drink alone with guys they barely know, she can be taken advantage by them anytime.
Remembering or not remembering doesn’t prove much about one’s level of drunkenness. I get blackouts easily when I drink more than few shots of vodka, but a friend of mine remembers everything no matter how much he drinks. And PSH’s memory doesn’t need to be crystal clear for him to remember it was consensual and what happened, in general. Again, from personal experience, blacking out doesn’t always mean you don’t remember a thing but rather that there are black holes in your memory amidst the things you do remember. So there’s a wide range of ways one’s memory can be affected by the level of alcohol in one’s blood.
Koala, I’m going to have to strongly disagree that male arousal is implied consent. Physical responses are physical responses: It’s entirely possible for a woman to be aroused and even orgasm during rape. That doesn’t make it any more consensual. Sex you don’t want and don’t agree to is rape, and an erection doesn’t negate that.
That is a very interesting point.
Yeah cuz erection is a physical reaction. Like when doctors taps to get that knee jerk response. And why drunk man can be molested too.
unconcious drunk man
An unconscious, passed out drunk man can’t “get it up”, as far as I know. A moderately drunk one can function though, but overall a guy who had too many beers will have difficulties in having a normal erection enough for engage in sex. This depends on lots of other factors, though.
Then if sex happen to A and PSH, does this answer that PSH was sober?
Agreed.
I totally agree. I didn’t like that inference either.
K seems so very, very knowledgeable about PSH, speaking like an official spokesperson. SO CLOSE THEY ARE right?
That night they moved to a “bar with a private room” to avoid curious glances – OR TO AVOID ANY WITNESSES?
They intended to continue drinking but with A vomiting they should have just stopped there and called anyone that can bring her home if they cannot!
And how can there be any visible injuries when she was too weak to struggle. Why don’t K try to vomit a few times, see if he does not feel weak, with limbs going limp…geez.
Well this prick will do his best to exonerate PSH, because if PSH gets charged, he too as accessory.
And he’s cruel cold too say he didnt know (or even care?) what happend to her in that room, when she even considered him a friend that she liked.
Yeah, they should have stopped and called her relative/guardian because K was sober and K can make that call because he was no way impaired with alcohol by his own admission.
But on the text he said he was drunk too to A. Why? What is his agenda saying he was drunk too to A?
OMG! yes he had the dramatics to even text he will not drink again, the police should clearly see the lies!
K and B have got to be the 2 biggest liars out there right now. Either way, K is screwed. If he didn’t drink, he was fully aware of what happened in the bedroom. Mind you, it was aggressive sex he said, so there must have been a lot of groaning or screaming. (Maybe the translation came out all wrong). A potential accomplice to alleged rape. Anyway, if K was so drunk like he said he was in the KK talk, then it’s a DUI, because K said he drove and Korea has damn strict laws about drunk driving.
With all that aggressive sex he still went in and dropped the comforter/blanket……
So from K’s interview, A didnt really know PSH is coming that’s why the venue was changed. “A was a little drunk so it was difficult to send her to a taxi.” In what way I wonder. Or has no intention to send her, I mean they could use PSH car to send her home. It seems that A lives far away that they dont wanna waste gas or something. K claimed he wasnt drunk, he didnt mention how A got into PSH’s bed. She threw up in elevator. She’s drunk and before anything happened K just left both drunk people in one room. A’s fiddling with her cell and touching her hair. Some people when in distress they unconciously fiddle with their hair like some people taps their foot repeatedly. That could be sign since she’s out of the room and PSH who she finds probably uncomfortable given what’s happened. I mean she cant outright say she doesnt like what happened when she’s not sure of what happened either. And some dont like direct confrontation. The 80 yr old comment, I think is way to reject the settlement money and it comes off sarcastic. How much is the settlement, 100 mil compared to cost of living in Korea?
K took advantage of the situation. His motivation? Probably roles in some project because PSH was famous at the time it happened and A was the offering who didnt even realize she was the throwaway.
Could PSH got the consent from K since he was the one who introduced A? Since K knows A, You know some guys sometimes ask the friend, you think she like me? And A said she drunk cuz of K, and then K made it seemed like, A’s drinking because she likes PSH. He’s the sober one, not farfetch to think so eh?
Now, I get why both men are sticking together. They need each other to get out of this mess.
What is also interesting is that they wanted to go and drink more, even though both PSH and A were already drunk, supposedly. Why would they do such a thing?
Because when you’re drunk and having a good time, you want to drink more. Granted, not all people operate like this but most Finns do, at least. Well, those who drink and that would be most Finns, small children excluded…
When they left the bar A can walk and after a 5 minute drive she can’t walk, passed out , too drunk, and PSh and I were PUZZLED. hmmmm… I’m puzzled too why the two men were puzzled.
LOL! K is lying through his teeth. It’s quite natural for a drunk to fall asleep when he’s sitting down on a comfortable couch or bed, in a relatively silent surrounding.
Well, he’s lying, or they are both idiots!
They could be lying and both idiots, given the answers and explanation. Some posters had the conclusion that K and PSH has maybe history of doing this before, they got sloppy because they have gotten away with it and no one dared to sue. Until now, that is. Why their answers are contradicting and has many loopholes. Why they stick together too. Each maybe has something on each other.
Agree, Jae!
LOL! I was also puzzled that they were puzzled!
Miss A is really really pretty, young and sexy. Her pics are pasted in Allkpop.. Oh my… and now she’s also being bashed for “probably” having a plastic surgery like its some kind of a plague. can we all grow up now?
Mrs Koala, male rape victims are mostly assaulted by men. They are not aroused but penetrated. This crime is often perpetrated in jailhouses but it can happen anywhere, to anyone, whatever the gender and age.
The quest for truth and justice regarding this PSH will not be satisfied imo.
Hhhh but I think they are smarter than that and will ask specific questions that will not show what keypionts they want .
Nevertheless I can’t stop feeling bad and sad for PSH ! Ahh
Another inconsistency is the last question about PSH liking A enough to continue seeing her why the phone numbers exchanged (you know his answer). K said PSH didnt say that to anyone. He must not have known about the phone call in the middle of interview. or PSH really has a secret twin, who knows.
I’m curious to know what exactly made PSH think that A was willing to have sex with him only after 2-3 hours of meeting each other and with A constantly throwing up from time to time? I want to know why exactly he thought sex was consensual, because an alcohol impaired woman can be quite disinhibited and can do stupid, stupid things. If that is what constituted consent for him, then he’s a sleaze and a jerk.
I smell a sort of conspiracy between K and PSH, a mutual sleazy agreement. And something tells me that they don’t even realize that sleeping with a drunk woman can be sometimes considered rape. They are so clueless about this issue, haha. Korea needs more rape awareness. Whole world needs it still.
Have you noted these points in K interview:
K said that PSH exchanged numbers with A.
But at the latter part of his statement, he said that PSH never told anyone that he intends to see again A. so why exchange numbers! INCONSISTENT statements!
@Arabella said :
“Have you noted these points in K interview:
K said that PSH exchanged numbers with A.
But at the latter part of his statement, he said that PSH never told anyone that he intends to see again A. So why exchange numbers! INCONSISTENT statements!”
K said : It was cordial when the two of them parted. Sihoo and A even exchanged cell phone numbers. CCTV footage showed A was looking cheerful in the elevator. ……..
It means PSH had said to K that after having sex on a common desire, they exchanged phone numbers. Miss A looked fine.
The reporter asked K : Some people who claim to be on Park Si Hoo’s side have been talking to the media. Are what they have said true?
K said : Not long ago, some one who claimed to be a close friend of Sihoo’s gave an interview to the media and said Sihoo had wanted to continue seeing A. But Sihoo never said such a thing to anyone……..
It means that PSH never told anyone about Miss A other than to him.
So what about the actual relationship between PSH and Miss A was just K know better.
Is PSH just want to have fun or serious relationship? Also just K who know better.
Out of this incident only K who know exactly what its original purpose to bring Miss A to PSH.
These two guys are clearly close confidants…they’ve been at this i think for far too long even before somebody finally got the courage to stand up against them. creeps!
All of you here are naive and good girls having a good education and never see the dark side of society
A used to do the same with Mr Lee 2 years ago to get his money
A request PSH must sent her to foreign country and surport money for her till 80 years old
A used to work full time at some place serve men for drinking ( why drunk ??
A leaving that bar still good enough to go home ( 22 years old + 2am) ) without drunk (CCTV)
So A is a call-girl , the girl going out anytime when getting call from someone ( as same as taxi-driver jobs)
There are a lot of girls doing this job as a part time job but get a lot money even they are students , models , miss national ……..etc …( the great title get more money !!)sometime they need money for their cloths, cosmetic surgery ….whatever…
All of your worlds are diferent from A world !!
so that ‘s a bitter miserable PSH story !!!
Are you sure you’re not the one drunk right now!!!!????
Does the thing that afflict the two so called monsters here afflicted your brain as well, or has high alcohol level made you brain dead?!
That’s some really die-hard PSH devotee.
How about the PSH world?
To be honest I find it slightly ridiculous if A really thinks that she is a pure innocent victim that deserves the whole hearted sympathy of the Korean public. I know that if I went drinking with just 2 guys in a private room, ended up drunk as a skunk and having sex with one of them because he thought I had given my consent, my mother would half kill me and scold me as if the whole situation was my fault. (If PSH was her son she would probably kill him and then herself.) Yes, I know rape is terrible and guys that take advantage of drunk girls are scum, but that’s why you make sure you don’t find yourself in that kind of situation. If you don’t want to be mugged, you avoid some areas after dark. If you don’t want to be robbed you lock your doors and windows. I’m sorry to those who might be offended, but even if I believe her side of the story, to me it sounds like she went looking for trouble, found it and is now demanding to be sympathized with and treated like a victim.
Ha. Another troll.
🙂
i’m sure you have never been in a nightclub. if yes, you never had alcohol. if you had, I’m sure you wore a chastity belt
Totally agree !!!
your group has run out of arguments aren’t you? keep bringing up ” the girl should not drink with guys” issue when that was already deliberated upon a million posts before. A joining them, i bet surprised to see somebody else there, when she thought its just K and her, – her joining DOESN’T GIVE PSH THE LIBERTY OR THE RIGHT TO TAKE ADVANTAGE OF HER AND THE SITUATION.
Amen to that! LOL
Finally, somebody that shares my view…I am not siding with anybody but judgment in A’s part is already impaired in going out with 2 males @ midnight… And worse – adding alcohol on top of that!!!
Probably in her mind. As a outsider, A has just made wrong decision, was overly trusting, wasn’t using her brain. If assuming that K and PSH are innocent, they too made wrong decisions and lack of caring/empathy in them.
look at this article:
http://www.kdramastars.com/articles/8531/20130314/park-shi-hoo-matters-need-confirmation.htm
Thanks for the link. So the DNA test revealed that P and A had a skin to skin contact inside her vagina. Interesting. It proves that P and K had lied about A demanding him to use a condom and her being conscious enough to request a condom.
The sad part for me is that even if he’s not found guilty through law, I felt that he’s completely not innocent. Not for having a night stand, but for taking advantage of a drunk girl he just met a few hours ago. He totally didn’t have a respect for women and all his female fans are worshiping this guy even after knowing that he did the most disrespectful act to a woman . So ironic.
Women need to demand respect otherwise they are walked all over. A Decent man would give a woman respect even when she thinks she doesnt deserves it.
Even if P didn’t rape A, he’s still a douche bag who has no respect for women, like they are sex objects. Die hard female fans who still see him 100% guilty are truly blind. He ‘s guilty morally. Women shouldnt subjectively support men who can’t respect women and close the other ear for the sake of fandom.
Women need to demand respect otherwise they are walked all over. A Decent man would give a woman respect even when she thinks she doesnt deserves it.
Even if P didn’t rape A, he’s still a douche bag who has no respect for women, like they are sex objects. Die hard female fans who still see him 100% not guilty are truly blind. He ‘s guilty morally. Women shouldnt subjectively support men who can’t respect women and close the other ear for the sake of fandom.
Why am I not surprised that PSH lied about putting on a condom?
And on other note, what the hell was he thinking engaging in unprotected sex with a woman he just met? Hello, pregnancy? Hello, STD? He’s an idiot!!
If it is true that there is a condom. Who was providing condoms?
If Miss A carrying condoms means she’s ready to have sex with anyone.
But if PSH that provide condoms, it means that PSH is also ready to use it whenever he had sex with anyone. From this fact it can be known who planned this.
I think we should wait on this one. Another article said that DNA was found but its not semen.
It doesn’t have to be semen to prove that they had unprotected sex.
What a fool again! Though it’s possible that he used a condom the second time (if it’s true they had sex twice)
If its not semen though she cant get pregnant. Thats what I meant.
It’s also possible that he did wear a condom but it broke. It does happen with condoms sometimes, especially if you’re drunk and so mess up with putting it on.
Really complicate this matter , PSH whatever happens it’s over for him !whether innocent or guilty
According to K that A didn’t demand a specific amount of money, instead she asked PSH to be responsible for her until she’s 80 years old and that she wants to live in a foreign land. This is interesting ..because she sounds so vindictive. Aren’t we usually vindictive when we feel violated as such that no amount of money would suffice? and that you want to rob the other person till he has nothing left?
If it was about money, she would definitely have a money figure in her mind and she would demand that amount. The fact that she didn’t ask for a specific amount and that she wants to live in a foreign country (I assume is to protect herself from public humiliation), just shows that it isn’t about the money, but more about vengeance. And the comment about having PSH take care of her until 80 years old is just an anger talk. Now, why does she want a revenge? we don’t know for sure but likely due to her feeling like she had been deeply and personally violated.
So K’s argument about A’s asking money, thinking that it proves that she’s a gold digger and purposely set them up, sorry but it is not convincing to me. If It were about money she would have settled a long time ago. PSH’s family is rich and they tried many times to settle but had been rejected by A. Why? it isn’t about money but about dignity!
A little correction. According to K , A didn’t demand a specific amount of settlement but rather she asked unreasonable demands, such as wanting to live in a foreign land and having P responsible till she’s 80 yrs old.
I so agree with you!! The wrath of a raped woman against her assailant is immense. She wants bloody revenge! And I hope she gets it.
Yes it was anger talking. No sane woman ask to be taken care of till 80 from the person who violated her. Now PSH on the other hand can claim that A was really after marriage hahaha.
After he had sex with her when she was unconscious…..he probably thought she would get up feeling grateful and flattered.
He reminded her too that it was twice. Just in case A forgets.
He’s fortunate that her way of vindictiveness is just asking for unreasonable demands, some of those violated and victimized have “murder” in mind.
Dear Mrs. Koala,
A couple others have already pointed this out in the comments, but any physical reaction with rape (arousal, erection, lubrication, orgasm, etc.) are involuntary and is invalidated as consent.
Even worse is that this reaction is often used to blame the victim for the crime of rape (he/she wanted/liked it), including the victims themselves.
http://en.wikipedia.org/wiki/Rape_by_gender
You may not mean it, but you are treading on water with your comments about the human anatomy making it harder for a man to argue non-consent when it comes to the involuntary reaction of his reproductive organ. Ask your husband about the many erections he got as a teenager and how often he could control their comings and goings, no pun intended.
…IS involuntary, not *are*. Oops.
@ Arawn: are you a lady or a guy? Women can blackout from 1-4 shots of vodka, especially if they have a low/medium tolerance to alcohol and if the drinking process was fast(binge drinking)or took place in a short span of time, like in 2-3 hours, also depending on the women’s weight, or if they eaten before drinking etc And your friend is a guy? Well, men are more resistant to alcohol intoxication than most women, so I don’t see your point in your example. Anyway, I agree that different people get very inebriated in different ways, that’s not the issue here though.
The issue here is that we know almost for sure that PSH has a low alcohol intolerance, and that 1 up to 2-3 drinks can make him quite drunk/pass out even, so if he was able to declare a huge essay containing details from that fatidic night, we can safely infer he wasn’t so drunk – as the girl was, at least- or even that he was almost sober or practically sober when after approx. 2 hours from reaching the apartment he was able to engage in sex. Have you read his long deposition posted here on koala’s blog? Or anywhere on the net? PSH still has his memory quite intact, even if it may not be crystal clear (I haven’t said that anywhere in my post btw, only that he seems to be remembering almost everything; at least that was my impression after reading his long, carefully timelined statements) He also can state anything he wants to make himself look innocent in front of the law, as he knew that A can’t remember the most important happenings that night. I’m not saying that he did, but it is a possibility.
Of course I’m well aware of the 2 types of blackouts, I personally experienced brownouts/blackouts as well, twice to be more specific; horrifying experiences, feels like your memory was deleted and you find out about that only when your friends tell you the next day what you did/say in that particular period.
Coming back to A’s case, we can’t possibly know for certain how A was blacking out exactly, en bloc or fragmentary, or for how long it lasted, but you do realize that any time during a blackout we can lose consciousness/feel asleep, right? We never ‘wake up’ from a blackout, we go to sleep and we can’t remember when that happens.
As a first possibility, what if PSH took advantage of A when she was dead asleep/unconscious after her blackout? Also, she didn’t say – as far as I know – that she can remember certain things after they reached the apartment, her last memory being from the bar; she only seemed sure she was unconscious because she couldn’t recall at all the first time she had sex with PSH. The first thing she remembers is waking up during or after having sex the second time with PSH, in the morning.
Second possible scenario (the only one where both PSH’s and A’s seemingly contrary depositions can be simultaneously true: consensual sex with an “en bloc” blackout drunk girl) is when even if she wasn’t completely unconscious during the first sexual act, she was experiencing an “en bloc” blackout, therefore no long term memory formation at all. You do realize, if this was the case, that blackout drunk people are easily manipulated, listen and do everything they’are asked for, laughing like crazy in the process? Is this the consent PSH is referring at?
Or, as a third possible scenario, she was so alcohol impaired that she couldn’t move or protest too much to having sex, feeling numb all over her body, couldn’t even speak, but still vaguely conscious – this scenario can be made vulnerable by a defense attorney though, so maybe she’s lying that she was completely unconscious just to make her case more credible; still a sexual assault took place in this case, too.
Or, the fourth possibility, A is lying about the whole thing from A to Z: she remembers everything, she agreed to sex rationally just to trap PSH for money, the idea occurring to her in the bar as she didn’t know PSH was going to be there with K, the guy she presumingly was attracted to.
I don’t think anyone can doubt at this point, after reading all 3 involved parties’ depositions/partial credible depositions, that A was 100% more drunk than PSH, and that both he and K were perfectly aware of this. Fishy and sketchy as hell.
I experienced it once…and it haunted me ever since.
I’m not a heavy drinker. But once in college, we went for a trip, went to a friend’s house in the country. The house is old, but big. We were in the living room area drinking the night away, we were just having beers…i just had about two bottles but maybe my resistance to alcohol that night was low. I felt weird, tried to search for the bathroom, Unknowingly i ventured to the attic and there passed out. All throughout ’til early morning..my friends were searching for me..they thought i walked out to the woods or something..I woke up and was freaking out because the attic was so dark and i don’t remember getting there..but couldn’t move just yet so i called out to them…my friends were just relieved to find me there and gave me water to drink and hot soup. A few weeks, a few months there were times I’d woke up in the middle of the night in a state of panic. It took awhile for me to overcome it.
We cannot determine for ourselves like what’s the physical condition of A that time she had those drinks. It could be that the effects to her system was enough to impair her consciousness, as well as physically.
fortunately there is no PSH or K in your group that night.
Oh my, that’s scary! Good thing you are among real friends when that happened.
Nasty, eerie experience! Mine weren’t so bad when I compare it to yours, but they were ugly nonetheless in their way. I’m usually carefull with my alcohol intake now, only indulge in light alcoholic beverages from time to time. In conclusion, I have quite a low alcohol tolerance.
We will probably never know for certain what exactly happened that night with A and PSH. Based on their released statements so far, I’m inclining to believe that an alcohol facilitated sexual assault took place. Perhaps the intent of rape wasn’t there, only the tempting idea of having sex with an attractive young lady, albeit fairly incapacitated. (We would be surprised if we found out that lots of men don’t consider this as rape at all, even women as well)
Not murder, but manslaughter, as they say. Not first degree rape, but second degree sexual assault: taking advantage of an incapacitated victim.
I don’t know the rape laws in SK though.
Just read an review on “Alcohol Backout: walking, talking, unconscious and lethal” book by Donal F. Sweeney and Robert A. Liston, and I picked one particularly vital information and clarification on my slightly erroneous considerations on blackouts. So I read that a blackout is a mental lost of consciousness – memory and consciousness are not different functions of the brain- as opposed to passing out, which is falling asleep in an alcohol induced stupor.
And I quote
“The pysical operation of a person in blackout is described as being wholly impulsive, with no capacity for rational thought or considering the consequences of action. It is literally an unconscious state, in the true meaning of unconscious as lacking consciousness…”
So no short term memory formation, no conscious mental state…
I don’t believe that at 10am in the morning when she said that he did it again that she was still too drunk to fight him off. There has not been any report of bruises on either of their bodies showing her trying to fight him off. It is easy to bite or scratch someone quite hard in such circumstances. It doesn’t look like he beat her into submission either. She does not appear to be a timid girl or she would not have made this public or be trying to coerce money out of him. Also why did she wait till 3pm to leave after he allegedly raped her again at 10am! There were no drugs in her blood stream to prevent her taking action against him and no one is drunk for that long. Also when a person is raped they feel so violated that money is not something that they think about especially on the same day.
Also from what I remember she said she only had a couple of drinks and thought that she was given a drug because her alcohol tolerance is quite high! So she didn’t drink very much nor was there any drugs in her blood stream.
This topic of her physical condition that night had been discussed already with medical research references too, about a hundred posts already of it, just kindly backtrack and just read them so you would have a better understanding of it.
From what I remember A said that she did not have many drinks; I believe she said a couple of drinks only, and she said that she had a high tolerance for alcohol and that is why she thought she was drugged. It is easy to put on an act that one is drunk. Also if they did use a condom she could have easily squirted or fingered some of the fluids into herself. Also B is not innocent she just got scared and is playing the innocent now.
I had someone try to force themselves on me when I was fourteen years old. I was unbelievable shy back then with no family support but I fought the guy off. A policeman came by and asked me if I was all right and I said that I was because I felt sorry for the guy. I probably should have said something but the guy was only a few years older than me and I hope that he reformed.
We can’t say for certain that the number of men-male bodied people getting raped is so very low. That is only based on the statistics and reports that are available. Many of these rapes are not reported because it is not socially appropriate for men-male bodied people to be “overpowered” by another person. Have you considered that a man-male bodied person could be raped by another man? Or they could have forced anal penetration, or be forced to perform fellatio or cunnilingus and their attacker/abuser. These are things to be kept in mind.