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Day 3 in trial of Korean soccer player accused of rape

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The Korean soccer player charged with rape on Guam was back in court today. Before his fate goes to a jury, Judge Arthur Barcinas must first rule on defense's motion for judgment of acquittal. The motion followed more testimony from the victim and the nurse who examined her after the alleged rape. While there's proof sexual contact occurred, defense argues prosecution failed to prove force or coercion.

Jurors had already heard from Byong Oh Kim's alleged victim. On the stand, with the help of a Korean interpreter, she stated "My body was frozen so I couldn't think or talk." The 23-year-old was so overwhelmed with tears as she described the alleged rape that the court had to take a brief break.

That was Monday.

On Tuesday, shortly after the government rested its case in chief, Defense Attorney Randy Cunliffe made his motion for judgment of acquittal. "She never indicated lack of consent...she did not struggle. She did nothing at all," he argued.

Cunliffe cited testimony from the victim: that she had willingly changed into a shirt to sleep in and got into bed with Kim after their day of sightseeing that ended with dinner and beers.

Prosecutor Jeremiah Luther argued that the element of surprise overcame the victim, that Kim took advantage of her in a sleep state, and using that surprise proceeded to touch her in bed before picking her up to take her to the bathroom and engage in sexual intercourse again.

Luther argued that the victim need not actively resist - that she was frozen in fear.

Though the court was expected to rule on the motion immediately after, Judge Arthur Barcinas returned from the break asking for more time. "It's not an easy one for me," he said.

The victim, prosecution noted, will be returning to South Korea on Wednesday.

Early Tuesday afternoon, jurors also heard testimony from AnnParo Rios, formerly a sexual assault nurse examiner for Healing Hearts Rape Crisis Center. She reported positive findings on the victim, specifically a tear in her vagina, using photos projected onto a screen for the jurors to see.

"It's indicative of trauma or sexual contact," she stated.

Jurors will return to court on Wednesday morning.

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