Woman who drove drunk to flee sexual assault acquitted under 'necessity' doctrine

A woman who drove under the influence while fleeing a sexual assault has been acquitted.

Judge Kim Yeon-su of the Chungju Branch of Cheongju District Court announced Friday that she had found the defendant, identified only as A, not guilty on charges of drunk driving under the Road Traffic Act.

A was indicted on charges of driving with a blood alcohol level of 0.094 percent at a lodging facility in June last year.

A had been asleep at the accommodation when she woke to the realization that she had been a victim of quasi-rape, quickly fled the room and got into her car.

When the male assailant gave chase, she drove 11 kilometers before pulling over on the roadside and reporting the assault to police.

The court ruled that her actions constituted a necessity defense — a legal doctrine that removes criminal liability when a person unavoidably violates one law to escape an immediate danger.

"There was no one else at the accommodation besides A's party, and the facility appeared to be in a secluded area with no people around in the early morning hours," the court said in its ruling. "Under these circumstances, it appears to have been impossible for A to escape the scene of the quasi-rape by asking others for help, calling a taxi or designated driver, or leaving on foot."

The male assailant was recently sentenced to three years in prison for the quasi-rape.