Intellectually disabled man convicted of raping minor; 'diminished capacity' defense rejected

A court has sentenced a man in his 20s to three years in prison for sexually assaulting a minor he knew, rejecting his plea of diminished mental capacity. The ruling underscores the court's stance that understanding the implications of sexual acts is key, even for individuals with intellectual disabilities.

The defendant, who has a Grade 3 intellectual disability, was prosecuted under the Act on the Protection of Children and Adolescents related to Sexual Crimes. He was accused of raping a minor victim known to him in July 2024. During the trial, he argued that his intellectual disability should be considered as grounds for diminished responsibility.

However, the court found that while the defendant's intelligence is somewhat lower than average, he possesses a sufficient understanding of basic social norms. "The defendant's intelligence is somewhat lower, but it appears he understands the meaning of sexual relations as he is at a level where he can comprehend basic social norms," the court stated in its decision.

The ruling by the Cheongju District Court's Criminal Division 1, presided over by Judge Bin Tae-wook, emphasizes that a diagnosis of intellectual disability does not automatically absolve an individual of criminal responsibility if they can demonstrate an understanding of their actions' nature and consequences. The sentence was handed down despite the judiciary's ongoing summer recess.

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The defendant's intelligence is somewhat lower, but it appears he understands the meaning of sexual relations as he is at a level where he can comprehend basic social norms.