WATERLOO – A former University of Northern Iowa student has been acquitted of sex abuse charges involving another student.
A Black Hawk County jury deliberated Monday afternoon and part of Tuesday morning before finding Donghyuk “David” Kim, 25, not guilty of third-degree sex abuse.
Kim, a South Korean citizen who was studying accounting at UNI when he was arrested earlier this year, hugged his defense attorney, Ray Scheetz, after hearing the verdict.
Prosecutors had alleged Kim had sex with a woman at his E Street apartment while the woman was incapacitated or helpless following a night of drinking in March.
Scheetz argued the woman wasn’t incapacitated and said she had asked Kim about the status of their relationship following the incident.
Despite the verdict, Kim was returned to the Black Hawk County Jail after leaving court, and he remains in custody as Immigration and Customs Enforcement officials filed a 48-hour hold on him because his student visa was revoked, Scheetz said.
Kim’s ability to remain in the United States will now be up to an immigration judge, Scheetz said. He said Kim wants to remain in the area.
Kim originally came to the United States in his teens to attend an area high school while living with a host family, according to testimony at trial. After graduation, he began studying accounting at UNI but took a leave of absence to undertake two years of mandatory military service with the South Korean Air Force, court records state.
He returned to UNI in January and was later expelled over the incident, according to court records.