News B.A.P's Himchan denies indecent assault allegations during his first trial (1 Viewer)

[lexus]

"B.A.P member Himchan’s legal side has denied allegations during the trial for charges of indecent act by compulsion.

Last year, Himchan was investigated by the police for allegedly assaulting a woman in her twenties (hereafter referred to as “A”) at a guest house in Namyangju. According to “A,” there had been three men and three women — including herself and Himchan — drinking together at the house at the time of the incident.

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.”

The July 12 trial is the first after Himchan was indicted without detention by the Seoul Central District Prosecutors’ Office on charges of indecent act by compulsion in April of this year."

Source

What do you guys think of this? Do you believe that he may be innocent?

 

[lexus]

Okay since y'all are gonna let this thread flop, I'm just gonna go to bed now.

 

[Panda]

With things like this, I do wonder where the line is drawn between implied and explicit consent.

Like, if one party feels that the consent is implied and the other party does not refuse or act uncomfortable or anything in that manner but later on explains that they felt harassed, then who is at fault? I'm not trying to victim-blame, but if the first party had no way of telling that the second party felt uncomfortable until after the event, then is it still the first party's fault as no explicit consent was given?

I'm not saying that this is what happened between Himchan and the woman, but this does open up an important discussion.

I guess, to be safe, always ask for explicit consent

 

[bulletproof]

Oh boi this is messy I don’t know what to say about this anymore and we would never know what truly happened. It’s too early for me

 

[Poetry]

Okay since y'all are gonna let this thread flop, I'm just gonna go to bed now.

If you included his recent pictures, the thread would not have flopped.

 

[emptycup]

" It wasn’t explicit consent, but there was implied consent, which is why it is not indecent act by compulsion.”

 

[yeji]

as expected for a first answer

 

[Evergreen]

I am confused at this point. Is he culprit ? Was it a misunderstanding ?

I think that it shows consent importance. If you are not sure if the person is okay, ask her or him. Implicit consent is not really consent.

 

[blueberries]

You would think the other men and women would be witnesses. Though if other is saying there was consent and other not, it can be hard to find out regardless.

 

[LuckyLuna]

t wasn’t explicit consent, but there was implied consent, which is why it is not indecent act by compulsion.

Thats a no from me dawg

 

[lexus]

If you included his recent pictures, the thread would not have flopped.

The photo doesn't even matter.

 

[Poetry]

The photo doesn't even matter.

People talk about images but I guess ethical, moral, and legal discussion should be enough.

 

[lexus]

With things like this, I do wonder where the line is drawn between implied and explicit consent.

Like, if one party feels that the consent is implied and the other party does not refuse or act uncomfortable or anything in that manner but later on explains that they felt harassed, then who is at fault? I'm not trying to victim-blame, but if the first party had no way of telling that the second party felt uncomfortable until after the event, then is it still the first party's fault as no explicit consent was given?

I'm not saying that this is what happened between Himchan and the woman, but this does open up an important discussion.

I guess, to be safe, always ask for explicit consent

I don't really know what to think of this either. Although, even if she didn't seem to be uncomfortable or anything, I still feel like he should ask just asked for her consent, rather than thinking that she's implying it. I guess we'll just have to see what the next trial has in store for everyone.

 

[lexus]

People talk about images but I guess ethical, moral, and legal discussion should be enough.

Hmm. I guess you're right.
Maybe next time I'll include some photos or something to add to the thread.