Appeals court affirms conviction in first transgender rape case

BUSAN, April 23 (Yonhap) -- A South Korean appeals court on Thursday affirmed a suspended sentence given to a man convicted of raping a transgender woman in a landmark ruling that redefined the legal definition of rape in the country.

The Busan High Court maintained the three-year jail term with a four-year
suspension on the 28-year-old unidentified attacker, who was convicted in
February on charges of raping the 58-year-old transgender woman in August of 2008
after breaking into her home.
Prosecutors had sought a five-year jail sentence for the man and appealed after
the lower court ruling in February, arguing that the initial punishment was too
light.
"While the prosecution argues that the punishment was too light, the court sees
it as adequate, considering that the defendant is a first-time offender," the
court said.
Prosecutors haven't decided yet whether to appeal the ruling or not but said that
they would consider it carefully.
The February ruling marked the first court ruling in a sexual assault case
involving a transgender woman. The victim underwent a sex-change operation 30
years ago but remained legally identified as a male, as she had not filed a
request with the court to change her registration identification.
Previously, South Korean criminal law acknowledged rape cases only when the
victim was legally identified as a female.