Recently, the name of famous actor Kang Ji Hwan has been all over the media. While it’s nice to be in the news for a good cause, unfortunately, sexual assault allegations are the reason. On July 9, Kang Ji-Hwan was arrested at his home on suspicion of sexually assaulting one female staff member and molesting another. Since his arrest, Kang has maintained that he was drunk on the day of the incident and doesn’t remember it. However, on July 15, through his legal representative, Kang admitted to all charges and expressed his willingness to pay the penalty and atone.
While we’ll have to wait and see how the investigation unfolds, the consensus in the legal community is that Kang’s punishment is unlikely to be light, given the nature of the alleged sexual assault and the fact that the victims claim they were practically confined to his home on the day of the incident. But what would have happened if the incident had occurred in the U.S.?
Criminal law in the US varies from state to state. This means that the same sexual offense will be punished differently if it happens in California than if it happens in New York. For this reason, sexual assault crime rates also vary greatly from state to state. According to the U.S. Census Bureau, the state with the highest sexual assault crime rate in 2017 was Alaska. Conversely, the state with the lowest sexual assault rate was New Jersey, which had a sexual assault crime rate of 16.7 per 100,000 people. That’s a nearly seven-fold difference in crime rates. As such, it’s important to understand the criminal laws in each state.
Today, we’ll use New York State’s sexual assault (rape) laws as an example. New York categorizes rape as first-degree rape, second-degree rape, or third-degree rape, depending on the circumstances of the victim. Let’s start with third-degree rape, which is categorized as follows.
- The offender is 21 or older and the victim is under 17.
- The victim is incapable of consenting to sex for reasons other than age (under 17).
- The victim was capable of consenting to sex and did not do so.
- Third-degree rape is classified as a Class E felony, punishable by up to four years in prison and a fine of up to $5000.
The following cases are classified as second-degree rape.
- The perpetrator is 18 or older and the victim is under 15.
- The victim is unable to consent to sex for reasons such as mental impairment.
- Second-degree rape is classified as a Class D felony, punishable by a minimum of one year and a maximum of seven years in prison and a fine of up to $5,000.
- And the most serious rape offense, first-degree rape, is classified as such when
- If it’s forcible sexual intercourse due to the threat of force.
Sex is coerced through threats of death and kidnapping. - The victim is physically incapacitated and unable to consent to sex.
- The victim is under the age of 11
- The perpetrator is 18 or older and the victim is under 13.
First-degree rape is classified as a Class B felony, punishable by a minimum of 5 years in prison and a maximum of 25 years and a fine of up to $5,000.
For example, let’s say that adults A and B were drinking at a bar and A became intoxicated. If B took A to a hotel and had sex with her without her consent, he would likely be charged with third-degree rape. However, if the intoxicated A woke up to find her hands and feet tied and, although she was awake, she was unable to move her body freely and was forced to have unwanted sex with B, B would likely be charged with first-degree rape.
If Mr. Kang’s case occurred in New York, it seems less likely that second-degree rape would apply. Since both victims are adults, and there are no reports of any mental impairment, we can expect that they would be charged with either third-degree rape or first-degree rape, depending on how they were staying at Mr. Kang’s residence, whether they had physical freedom, etc.
As you can see, sexual assault in the U.S. is subject to many variables, depending on the state in which the incident occurred and the circumstances surrounding the victim’s situation. Therefore, if you have been involved in a sexual assault case, whether as a victim or a perpetrator, we recommend that you contact an attorney experienced in criminal law as soon as possible.
If you have any additional questions about the content of the column, or if there is a law that you would like our readers to know about, please do not hesitate to contact us at mail@songlawfirm.com.