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Brouard states that, at the time, she had not been interviewed
by any reporters or spoken to any bloggers. She did,
however, post some details about the incident on an online forum
where she received emotional support from fellow
expats, but any mention she made of the handling of her case was
positive and made in an effort to alter
misinformation.
Brouard said she never thought that sleeping alone in her home
would be potentially dangerous.
"Being from South Africa, I am very cautious and never thought
that sleeping alone in my apartment that this would
happen to me. I always double lock the doors," she said.
On the night of her assault, the perpetrator entered her
apartment through the laundry room window, handcuffed and
raped her. The attack was premeditated, and it was later found
out that the man had been observing her from his
apartment for quite some time. Following the assault, Brouard
contacted a coworker who called the police.
The response was quick. Brouard says the police handled the case
very well.
"The police and detectives were at my apartment not long after
the incident accord. They were very professional and
drove me to the rape center. I am very pleased with the quick
and professional way in which they caught the
suspect," she said.
A police investigator told The Korea Herald that the case has
been sent to the Ulsan public prosecutors office. "The
information that we have has already been passed from our office
to the Ulsan public prosecutors office," he said. Heconfirmed the
basic facts of the case, requesting anonymity.
At Ulsan`s rape and crisis center her evidence was processed.
The people at the center "were understanding and
kind, yet very professional. They stayed with me while I slept
and even though they couldn`t speak very much
English, it was very comforting to have someone there," stated
Brouard. She said the police even phoned her prior to
her return to her native country in order to wish her well.
On Monday July 13, a suspect was arrested after being identified
by the police through CCTV surveillance. After the
arrest, the man was identified by Brouard. The assailant was
charged with sexual assault and breaking and entering.
Further charges are currently pending.
After her attacker was caught, the police encouraged Brouard to
stay in Korea because it could make the handling of
the case easier than if she were in South Africa. That said,
Brouard has left the case in the hands of her lawyer and
has returned home.
"I realized that I could not live in Korea anymore due to bad
memories and not feeling safe. I need to be with my
family. I was a virgin until this happened and what he did to me
will remain with me forever, as he has taken away
some of my dignity and my pride," she said.
Her lawyer, Lee Chang-hyun, explained in an interview the
specifics of sexual assault cases in Korea in the context of
Brouard`s case.
Lee first and foremost wanted to clear up the public exposure by
both communities, which he said were "naturally
biased."
"The foreign community media was oriented toward the judicial
system and the Korean community media had stated
the victim was offered substantial blood money,` which was
untrue," said Lee.
He went on to add that reports on both sides missed the key
point that "sexual assault is a crime against women,"
and that the "nationality of the woman does not change the
nature of the crime or the suffering."
With no previous criminal record, if the accused is convicted,
Lee says the maximum sentence of four years can be
expected. In Korea the average incarceration period for a first
time offender is two years, but in this case the fact that
physical restraints were used has added two years on the
total.
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As for the fact that Brouard has left Korea, the lawyer said he
did not foresee any complications with the case, but
additional testimony can be given to the prosecutor and the
courts by the victim through him as he has been given
power of attorney in her absence.
"The testimony will not be prejudiced because of her absence,"
he said.
Now able to look back on her assault, Brouard advises women
never to let their guard down. She also wants to see
her attacker serve as full a sentence as possible.
"At this moment it is most important for me that he serves
maximum jail time so that he does not do this to anyone
else," she said.
Not wanting to take "blood money" Brouard was forced to
fundraise in order to get enough money for a plane ticket
home, as there was nothing in her teaching contract that
provided for such an occurrence. She adds that she remains
in disagreement of a perpetrator paying money to a victim in
order to receive a reduction in sentence.
"Blood money" refers to "hapuigeum" - monetary compensation paid
by the offender to the victim of a crime to
reduce or eliminate the application of other punishment. It is a
common practice in Korea and is often brokered by the
police.
Lee agrees with Brouard`s opinion on victims` compensation and
feels that along with the penalties for sexual assault
and the mediation process of the judicial system, each point
"should be reviewed and strengthened to function as adeterrent
against sexual assault of women."
He admits that the Korean judicial system has strengthened
certain laws concerning sexual harassment and the
protection of minors, but would like to see the laws
changed.
"The Korean judicial system has added laws over the last few
years to protect minors against sexual predators and
strengthened sexual harassment statutes, but the review and
revision of the sexual assault laws and statutes has not
been completed as of yet. We would like to see an update to the
sexual assault laws be a priority of the administration
...," Lee said.
Both Brouard and Lee hope that this case will develop a greater
awareness of the issue of sexual assault and the
victims.
"Rape is a crime that does not discriminate pain and suffering
based upon the victims` country of origin," stated Lee.
([email protected])
By Adam Walsh
2009.08.12
Copyright 2002~2004 Digital Korea Herald. All rights
reserved
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