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— Kim Himchan's sexual assault scandal : a thread. (tw / sexual assault).
First of all, I want to clarify that the five members of B.A.P were not with him when it happened and never had any link with that scandal. I think it's very important to be clear about that to avoid any misunderstanding about the situation.
I create this thread to expose a scandal that seems unclear to a lot of people who love(d) B.A.P. I am myself a B.A.P fan, I used to support Kim Himchan but after he committed the sex crime that he admitted, it was over, and I think it's important to expose what happened.
Every single thing that I'll say will be justified with links and sources to be objective about the facts that I spread, you can find all the korean articles about the scandal on this document to check it yourself and see that it's real: https://docs.google.com/spreadsheets/d/1e4VGCQIYNbSMxfa35ePUGW1MLnNsqNHNAyIcDk8S4NE/edit?usp=drivesdk
I) On September 9, 2018, a report have been filed to the Yangju Police Department by a woman "A" against Kim Himchan for a crime translated into : indencent act by compulsion. (강제추행).
A claimed that she went to hang out with her acquaintances at a pension, they were 3 men and 3 women (her included). They drank alcohol and had fun. She said that Himchan assaulted her during the night, this assault being qualified by prosecution of indecent act by compulsion.
At first, we didn't know exactly the details and what this crime could include, I searched the qualification of this crime and found the article 298 of the KCA (Indecent Act by Compulsion) : A person who, through violence or intimidation, commits an indecent act on another.
If you read carefully the post you will see that the jurisprudence qualifies an indecent act by compulsion as a sexual crime related to the category of sexual assault in common law. His fans tried to say he could hug her or try to kiss her and be pursued for IABC which is false.
Himchan answered to the accusation the same day saying that he "thought that it was consensual" and that "they had feelings for each other". ( https://metro.co.uk/2018/09/10/b-a-ps-himchan-denies-sexual-harassment-as-agency-confirm-he-is-being-investigated-by-police-7929365/) His defense wasn't there to deny the act(s) but only the consent of the woman who claims that she was assaulted.
II) On September 10, the police claimed that after hearing witnesses and taking everything into consideration, they forwarded the case to prosecution with recommendation of indictment. TS Entertainment, who was still the agency of Himchan confirmed. ( https://m.news.nate.com/view/20180910n04614…)
III) On June 25, 2019, is revealed that the first hearing for the trial is planned on July 12th
IV) On July 12th, the first hearing took place and the details of the assault have been exposed. It's very explicit. At this point, it marked a change of direction in the fandom and in the opinion of Korean people who checked this scandal. ( https://twitter.com/yoojaeyo/status/1149728344860086272?s=19…)
Himchan's lawyer said, in his defense : “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.” Implied consent, here is the excuse to justify the assault that happened.
It really disgusted us to see those details. His lawyer, at first, seemed very uncomfortable in his position, you can see it clearly in his defense. Himchan, since the beginning never denied that an act happened so he couldn't lie now and say the contrary, he had to save the day.
The prosecutor insisted to defend the victim's position but the judge asked for a better qualification of the crime between the criteria of FORCE and/or SURPRISE. If you know the law, you know how important the qualification of a crime is, even though the limit is very subtle.
On Himchan's side, the judge asked to recognize which acts were assumed by him and to which extent, again for the qualification of the crime that is so important in criminal law ; Nullum crimen, nulla pœna sine lege. The next hearing was planned for August 16th.
V) Here is the resume and the compilation of events that I explained earlier in a chronological order : https://twitter.com/yoojaeyo/status/1150600238299697152?s=19… .
VI) On August 16, nothing changed that much on both sides and judges planned that for the next hearing (planned on October 4), witnesses had to come to the Court to give their testimonies. ( https://twitter.com/yoojaeyo/status/1162736927113486337?s=19…)
VII) In the middle of the trial process Himchan accused the victim, A, of joint blackmail because, after the assault happened, she asked for money to Himchan to save his reputation, 100 000 KRW. ( http://m.star.mt.co.kr/view.html?no=2019100214551505219&VNS&pDepth=news&pDepth1=issue&pDepth2=exclusive&ref=#_enliple…).
I know that a lot of people have been confused about that new part of the scandal and his fans jumped on the occasion to blame the victim, Himchan even gained sympathy from Korean men, it's true after all, what do men hate more than women ? Women who ask for money.
But if people took five minutes to read the article they would see that the trauma she felt has been recognized by the witnesses and that it was never a matter of : was she assaulted or not ? But only a matter of, how does the victim want to solve that after it happened ?
She asked the men present at the party to meet Himchan because she was traumatized with the others girls (Mr. B said: "The women have been struggling so much since then that we met with Himchan on their behalf. At first, i didn't talk about the monetary part").
It's true that the victim asked for 20 000 KRW at first , then asked for 100 000 (was it to divide for all the witnesses to protect him?). We don't know and I don't care ; when all the witnesses say that the girls have been traumatized and he's been violent to her, it's clear.
Mrs A changed her mind after that and chose to give up on the money, to not protect his reputation and to expose the facts to the police. She never had the money. To me, it seems clear that Himchan's lawyer found a breach to change the center of attention and blame the victim.
To this day, we have no update about this financial settlement that he qualifies of "blackmailing" ; we're still waiting for a final decision about the sexual assault case. We hope the victim is doing fine, please remember to not judge victims and blame them for their traumas.
