Police clear drama producer in aspiring actress rape case, but prosecutors twice demand further probe

Police declined to refer a drama production company chief to prosecutors on charges of raping an aspiring actress, but prosecutors have twice demanded further investigation, it has been confirmed.

The Gangnam Police Station in Seoul booked the production company head, identified only as A, in November last year on charges including sexual intercourse by abuse of occupational authority, according to the Hankook Ilbo.

A was accused of plying a woman in her 20s who aspired to become an entertainer with alcohol at a noraebang in Gangnam-gu, Seoul, before sexually assaulting her. Police concluded their investigation and declined to refer the case to prosecutors in February, finding insufficient grounds to charge him.

Police are understood to have determined that, taking into account the relationship between the two parties, it was difficult to conclude that A had exercised "coercive authority" over the victim.

Under the relevant charge, "coercive authority" is generally recognized when the perpetrator's position or power is sufficient to suppress the victim's free will.

The Seoul Central District Prosecutors Office received the case, reviewed the investigation records and in June sent it back to the Gangnam station with a demand for supplementary investigation.

The Gangnam station conducted about a month of additional investigation and completed the supplementary probe in July last year, but maintained its original decision not to refer the case to prosecutors.

Prosecutors pushed back again. The Seoul Central District Prosecutors Office found the handling of the case still lacking and issued a second demand for further investigation.

The demand is understood to have included a request that investigators take additional statements from the victim.

The charge of sexual intercourse by abuse of occupational authority applies when a perpetrator uses deception, power or coercion rooted in a supervisory or employment relationship to engage in sexual conduct with someone under their protection or supervision.

Police said they plan to conduct the additional investigation requested by prosecutors before reaching a final decision on the disposition of the case against A.