If a charge of rape causing injury is applied, is a custodial sentence unconditional?

Hello. This is an attorney specializing in sex crimes at Daeryun Law LLC.

The application of a charge of rape causing injury does not necessarily mean that a custodial sentence will be imposed.

However, it is clear that rape causing injury is a crime that the court judges strictly, as its level of punishment is higher than that of ordinary rape.

Under Article 301 of the Criminal Act, it is provided that when a person injures another or causes injury in the course of rape or imitative rape, they shall be punished by imprisonment for life or for at least 5 years.

However, in the actual trial, the sentence is determined by comprehensively examining factors such as the degree of the injury and the circumstances of its occurrence, the intent regarding the injury, and the attitude after the incident.

In rape causing injury, the key issues are whether the injury is at a serious level and whether it was anticipated or intended.

If it is a minor injury that occurred accidentally in the course of the crime, there is room for it to be taken into account in sentencing.

If the treatment period according to the medical records was short or the damage was only temporary, you can contest the matter on that basis.

In addition, whether a settlement is reached with the victim is also important.

Although rape causing injury is not a crime that cannot be punished against the victim's will, the victim's intention of not desiring punishment and the content of the settlement are, in quite a few cases, considered as factors for a reduction of sentence in the actual judgment.

In addition, factors such as whether it is a first offense, the attitude of reflection, and the possibility of reoffending are also assessed together.

By utilizing these sentencing factors, there are also cases in practice in which a suspended sentence was imposed depending on the circumstances, even where the charge was recognized.

However, this is an outcome that can be possible only when the nature of the injury and the circumstances of the case are clearly organized from the early stage of the investigation and unfavorable statements are avoided.

If you are facing an investigation on a charge of rape causing injury, we recommend that you first review a response strategy suited to the case together with an attorney specializing in sex crimes.