Police have dropped alleged rape charges against two men in their 20s at a district in South Gyeongsang Province late February.

Their decision to do so, however, has caused controversy in the disabled community as the victim is an intellectually disabled teen girl.

After realizing that his 16-year-old daughter was pregnant from the alleged rape, the victim’s father reported the heinous crime to police in November last year, according to Geoje police officers Friday.

The father said that the two men had lured his daughter to a motel by offering alcoholic drinks and had sexually assaulting her on multiple occasions last year. 

Police were able to confirm that the three had engaged in sexual intercourse several times. But, they said that the suspects cannot be held criminally responsible for rape, citing the victim’s ability to consent to sex.

In Korea, a person is guilty of committing rape if he or she has sex with a minor who has not turned the Western age of 13, according to Section 305 of Criminal Law.

Police further explained that the victim showed the ability to consent since she tested at an IQ of 96. The suspects claimed that they were “close friends” with the victim and only engaged in “consensual sex.”

The police then referred the case to the Prosecutors‘ Office with a “non-suspicion” opinion. A more recent diagnosis at a hospital in Changwon, however, demonstrated the victim lacked any ability to consent.

The victim recently tested at an IQ of 58, which is considered a level-three intellectually disabled person.

The victim gave birth to a baby boy on Thursday.

The Korea Differently Abled Federation, an association of the nation’s 30 disabled people’s organizations, and Korea Women’s Association United are calling on the Prosecutors‘ Office to re-investigate the case.

By Catherine Chung (cec82@heraldcorp.com)