Sexual assault attorney, do you receive a reduced sentence for sex crimes committed while intoxicated?

Hello. This is the sexual assault attorney at Daeryun LLC.

Regarding sexual violence crimes against children and adolescents, even if the crime was committed while intoxicated, a reduced sentence is not necessarily granted.

In general, our Criminal Act allows for reduction of punishment when a crime is committed in a state of mental and physical infirmity due to alcohol or drugs.

However, in the case of sex crimes against children and adolescents, Article 19 of the Act on the Protection of Children and Juveniles from Sexual Abuse allows the application of Article 10 of the Criminal Act (provisions on reduction for mental and physical infirmity) to be excluded, so in practice, sentence reductions due to intoxication are rarely granted.

That is, the court determines whether to apply the reduction at its discretion, and a sentence is unlikely to be reduced solely due to a state of intoxication; rather, severe punishment may be imposed as a serious crime.

In particular, sexual violence crimes against minors have great social harm and the statutory punishment is also relatively heavy, and may result in imprisonment of up to 5 years under Article 302 of the Criminal Act.

For details, please consult with a sexual assault attorney.

Since prompt and accurate response is most important, please do not worry alone and consider seeking a response direction together with a sexual assault attorney.