Well, this slipped quietly under the radar—as Stars & Stripes noted:
Last year, a pair of high-profile rapes committed by U.S. soldiers prompted demonstrations and scathing criticism from politicians and the South Korean media. But a South Korean court’s decision this week to reduce and suspend the sentence of a Camp Carroll-based soldier convicted of rape drew virtually no attention.
Pvt. Joseph Finley, 31, of the 2-1 Air Defense Artillery Battalion, was convicted by the Daegu district court in February of rape resulting in injury and was sentenced to three years in prison. On Monday, the Daegu High Court reduced his sentence by six months and suspended all punishment for three years – meaning he will serve no prison time if he commits no other crimes during that period.
[...]
There was little, if any, mention this week of Finley’s case in the South Korean press. Even in Waegwan, the city surrounding Camp Carroll, it seemed that few, if any, residents knew about Monday’s decision.
An agreement had been reached between the victim and the assailant, apparently. Moreover, the victim reportedly did not want the rapist punished, which seems to me a bit odd.
Here’s a look back at Finley’s case:
According to court sentencing documents, Finley was drinking alone at an off-post bar at 5:30 a.m. on July 24 when he saw a woman leaving alone. He suggested they continue to drink, and the two went to the woman’s house. It was at the home that the rape took place.
When questioned, Finley told police the two had consensual sex but the woman was too drunk to remember it. Police said the private’s story changed repeatedly during the investigation, and contradicted testimony from the victim, as well as the bar owner and staff. Finley’s DNA was also found on the victim, who suffered injuries on her genital area, arms and thighs, according to the court document.
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Was this the guy who stole the laptop? Or the guy who burned her hair with a lighter? Or are those two different guys? Which one is this?
Sounds like this one isn’t as serious. Rape is always serious, but women who allow strange men to follow them home and drink…… Shake your head.
Could have been consensual – but he shouldn’t have been so rough on her.
As a convicted criminal – how will he be able to stay in Korea on 3-years-suspended sentence and continue to work for the US military – shouldn’t he be discharged from the military?
This was the case where he tried to burn her with a lighter. Of course she didn’t want him punished because they agreed upon the financial compensation. In serious rape and assault cases like this, it’s travesty of a Korean justice system that allows negotiating of money for lighter sentencing. This guy should have been put away for years.
Actually, this is not the lighter case—that waste of carbon won’t be getting out for a while. This one was down in Daegu, and hardly anyone heard about it at the time.
It’s part of Korea’s Chinese history – in China – it’s custom to pay your way out of prison or the firing squad.
It’s very acceptable in China to kill someone brutally – then pay the victims family $30,000 (200,000 yuan) and you walk away free.
In this case – http://dok.do/JS8eiV
if you refuse to accept the money and the assaulter is killed by firing squad and then afterwards you change your mind and demand the money – Chinese will be angry with you.
I just did a posting on this story but I found nothing unusual about the reduction of this soldier’s sentence when taken into context of prior ROK sentencing for sexual assaults. For example has anyone ever heard of the rape of a US soldier by an Incheon Airport taxi driver that received no jail time? The taxi cab driver received no jail time for the rape because the victim didn’t resist enough.
At least in the case of the US soldier he showed remorse, paid compensation, and the victim did not want him punished any further. This is all pretty standard in regards to Korean sentencing. I see no reason for outrage in regards to this case. If people want to be outraged they should then show outrage to ROK sentencing for sexual assaults overall and not just this one particular case.
Are you sure about that? I always thought the Korea’s compensation system which is basically incorporating the criminal law into the civil law, came from the Japanese system during the colonial days. Maybe then again I don’t know what I’m talking about, but that’s the impression I’ve always had.
There’s also the recent case where a bus driver was attacked by a drunken passenger, and the court demanded that the bus driver pay the assaulter the compensation money because he attempted to defend himself by pushing the drunk man to the floor.
This law does not usually recognize self defense. If someone comes at you with a knife, take it like a man because if you hurt the attacker, you may end up negotiating financial compensation with the attacker.
^ I’m referring to Year of Dragon’s post.
Yes compensation/out of court settlement is very very common in Japan still.
There is no outrage regarding the Finley case because the left can’t milk it for their anti American agenda. He was judged and sentenced in a Korean court, they have no reason to blame the US forces for Korea’s lax punishment system. Crime and punishment is one area I wish the opposition parties of DUP and UPP would take up the cause and use their mass mobilizing of candle light zombies to bring meaningful changes to society. But they’re too busy with other more important issues like US Mad Cow, and fighting against the dictatorship of Lee Myung Bak.
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