International Issue (S. Korea) Must the accused be present for an investigation be occur/finish?

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obl71

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I need to say a bit of background before I ask the question: A man named Jung Myung Seok has been wanted on the charge of rape for several years now by the Korean police and Interpol, and is currently hiding from the law. There is a religious group that believe that this man holds absolute authority as "the one sent by God" (or "Messiah"). Followers of this man often make the argument that the women who have made the allegations have not presented evidence, or revealed their identities, even going so far as to assert that the reason the investigations have not concluded is because the lack of evidence. However, it is to my understanding that the investigation cannot truly begin until the accused turns up for court, and certainly not resolved until then. That they downplay (as I feel) the allegations is a very serious issue because the group mentioned consistently gets accused of severe psychological abuse by former members, besides that the leader is accused of raping more than a hundred of his female followers. So I'm asking if someone who has or had experience as a legal professional reply to the below article published by a leader in America. Please write it with people curious or interested in joining the group but confused about the rape allegations in mind. Specifically, to answer questions if the allegations are as insignificant as the leader implies, what is the real significance, is the media attention a realistic justification to flee from the charges, will this really ruin chances for a fair trial, is the point that the women accusing are currently anonymous even though Jung hasn't turned up for court yet as important as he/she makes out, is his/her assertions about DNA accurate, etc. Thanks a lot.

Here is the statement produces on the group's American website. (The general idea is true, some things are false -- e.g. they weren't tabloids -- but the basic legal details are correct, except it leaves out an important detail that Jung has been arrested and fled on bail in 2003.)

Why is JMS (Jung Myung Seok) wanted by the Korea National Police?

In 2001 JMS was charged with rape by the Korea National Police. The charges were laid after a group that calls itself 'Exodus' (an organization that exists to oppose JMS, his followers and his teachings) held a press conference in which four unidentified and disguised women claimed they were raped by JMS by various means.

Who is Interpol and why is JMS wanted by them?

Interpol is an organization that coordinates investigations made by the police forces of member countries into crimes with an international dimension. Typically Interpol becomes involved in a criminal investigation when an accused person is not available for arrest in the country where the charges have been filed. JMS is wanted by Interpol because he fled his home country of Korea after the Korea National Police laid charges against him.

If JMS is really innocent, why did he run away?

Rape is a complex and sensitive crime that typically requires two key pieces of evidence: 1) a comprehensive forensics examination of collected DNA samples and, 2) accurate and verifiable testimony of the victims and witnesses. JMS was first made aware of the allegations of rape when four unidentified and disguised women, along with a former male adherent of JMS's teaching, publicaly accused JMS at a news conference arranged by "Exodus", an organization that exists to oppose JMS and his teachings. Since then nearly identical press conferences have been held in Taiwan and Japan, in which unidentified and disguised women (supported by former male followers) accuse JMS of rape.

The difference in each set of allegations is the number of anonymous women. For example, in Taiwan it was reported that exactly 100 women were raped, yet after X years no list of persons has been provided, nor has any evidence been brought forward despite anonymous testimony that claims semen was present. In none of the countries where these allegations have been made has a victim or witness been identified for authorities.

JMS fled Korea for three reasons: 1) his life was being threatened by persons who opposed him, likely due to his unorthodox interpretation of Biblical scripture, successful ministry, and life work, 2) he was being extorted for money by unscrupulous people attempting to financially exploit the circumstances after viewing the a story regarding the allegations on a national-syndicated tabloid news program, and 3) the probability of a fair investigation seems unlikely.

Why should the women be made to identify themselves? It could be embarrassing or dangerous for them.

Forensic evidence (such as DNA) is a critical component to every criminal investigation, as is the verifiable testimony of victims and witnesses. Unless these two conditions are met there is no way of disproving an accusation of rape. The case simply becomes the word of one individual versus another. In this instance it is the word of JMS versus the word of a group of anonymous women.

To those who are familiar with the details of the allegations there appears to be a consistent pattern that has emerged: the gathering of anonymous "victims" together in a public news conference in order to present allegations of rape. Only after the sensational details from the unknown victims has been circulated by the tabloid news media are police agencies involved. The result is that there is no victim accountability—when a victim's identity remains unknown even to the police there can be never be a true investigation and the number of potential victims becomes limitless.

A situation such as this provides no means for a fair trail; the news networks have already broadcast to the viewing public the sensational details of a crime for which no witnesses or evidence has ever been presented. The legal defense team for JMS has requested the victim's names not be made public, but only be made known to them and the police so that a proper investigation can be made.
 
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