Daegu High Court Reverses Sexual Assault Acquittal via DNA Evidence

The Case of Mr. A: A Conviction Overturned Through Forensic Science

In a recent development, the Daegu High Court’s Criminal Division 2, presided over by Judge Wang Hae-jin, handed down a two-year prison sentence to a man in his 50s, referred to as Mr. A, for sexual assault. The court also ordered his immediate detention. This marked a significant reversal from the initial trial, where Mr. A was acquitted. The appellate court’s decision was based on compelling forensic evidence provided by the Supreme Prosecutors’ Office’s Forensic Investigation Division.

The case began when Mr. A and the victim, Ms. B, met through a social club. During a gathering at her home, after another guest left, Mr. A sexually assaulted Ms. B and later unlawfully entered her residence. Following the incident, Ms. B reported the crime to the authorities. The National Forensic Service conducted an examination and found DNA matching Mr. A on her underwear, pants, and T-shirt.

Despite this evidence, the first trial court acquitted Mr. A. He denied all charges, claiming that the alleged act was physically impossible. At the time of the trial, Ms. B had already passed away due to a pre-existing illness, which prevented her from testifying directly. The court cited the forensic findings, noting that no semen reaction was detected and that Y-chromosome DNA testing could produce similar results among males with shared paternal lineage. This left room for the possibility of another perpetrator.

After the prosecution filed an appeal, the trial prosecutor requested a detailed re-examination of Ms. B’s clothing by the Supreme Prosecutors’ Office Forensic Investigation Division. The DNA and Chemical Analysis Division conducted tests on samples collected from areas where traces were visible under light. These included semen reaction tests, autosomal DNA analysis, and Y-chromosome DNA testing. Notably, autosomal DNA testing is particularly significant because it identifies unique genetic markers that differentiate individuals. Humans have 23 pairs of chromosomes, and autosomal chromosomes vary between individuals, making this method highly reliable.

The re-examination confirmed the presence of semen reactions on Ms. B’s underwear, which had previously been used as a basis for the acquittal. All DNA samples from the underwear matched Mr. A. The prosecution submitted these findings to the appellate court, which ultimately upheld the guilty verdict.

A source from the prosecution emphasized the importance of forensic science in such cases, stating, “This case demonstrates that forensic science can serve as the final testimony for victims who cannot speak for themselves due to their passing.”

Key Findings from the Forensic Examination

• Semen Reaction Test: Confirmed the presence of semen on Ms. B’s underwear.
• Autosomal DNA Testing: Provided conclusive evidence that the DNA belonged to Mr. A.
• Y-Chromosome DNA Testing: While useful, it was not sufficient on its own to determine individual identity.
• Re-examination Process: Conducted by the Supreme Prosecutors’ Office Forensic Investigation Division, ensuring accuracy and reliability.

Implications of the Case

This case highlights the critical role of forensic science in criminal trials, especially when victims are unable to provide direct testimony. It also underscores the importance of re-examining evidence when new information becomes available. The appellate court’s decision to overturn the initial acquittal demonstrates the weight given to scientific evidence in legal proceedings.

As forensic technology continues to advance, its impact on the justice system is becoming increasingly evident. Cases like this one reinforce the need for thorough and accurate forensic investigations, ensuring that justice is served even in the absence of direct witness accounts.