[Assistance Case for a Sexual Offense Against a Minor] A Client Charged With a Sexual Offense Against a Minor Avoided a Custodial Sentence With the Assistance of a Daeryun Attorney

The client, who came to face trial for a sexual offense against a minor, expressed his affection for the victim, his friend's younger sibling, and when the victim did not give a clear response, the client took it as shyness and engaged in sexual relations.

At the time, there was no particular indication of refusal from the victim when the client initiated the sexual relations, and during the sexual relations the victim asked to stop, saying in effect that there was "someone the victim liked," upon which the client stopped immediately.

However, the problem was that the client continued to request an imitative sexual act from the victim even after the sexual relations. In the end, the client was charged with an "imitative sexual act by deceit or coercion" in the indictment and was investigated by the police.

Seeking to explain the circumstances, including the failure to properly grasp the victim's inner intent, and to obtain assistance at trial, the client came to us at Daeryun.

Punishment for Rape or Indecent Act by Compulsion Against a Minor Under 13

Act on Special Cases concerning the Punishment of Sexual Crimes Article 7 (Rape, Indecent Act by Compulsion, etc. Against a Minor Under 13)

(1) A person who commits an offense under Article 297 (Rape) of the "Criminal Act" against a person under the age of 13 shall be punished by life imprisonment or imprisonment for at least 10 years.

(2) A person who, by violence or intimidation against a person under the age of 13, commits any of the acts under the following subparagraphs shall be punished by imprisonment for a definite term of at least 7 years.

1) Inserting the genitals into the inside of the body (excluding the genitals), such as the mouth or anus

2) Inserting a part of the body (excluding the genitals), such as a finger, or an instrument into the genitals or anus

(3) A person who commits an offense under Article 298 (Indecent Act by Compulsion) of the "Criminal Act" against a person under the age of 13 shall be punished by imprisonment for a definite term of at least 5 years.

(4) A person who commits an offense under Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion) of the "Criminal Act" against a person under the age of 13 shall be punished in accordance with paragraphs (1) through (3).

(5) A person who, by deceit or coercion, has sexual intercourse with or commits an indecent act against a person under the age of 13 shall be punished in accordance with paragraphs (1) through (3).

We argued that the client who committed the sexual offense against a minor was 17 years old at the time of the offense, and that the client made a hasty judgment and committed the offense in a state in which the right of sexual self-determination and sexual awareness had not been properly formed.

We also argued that, at the time of the case, the defendant had not received proper education due to the particular family environment of his parents' divorce, and that he was lacking in terms of respect for the law and morality.

We emphasized that the defendant fully admitted the offense and had attended diligently, without ever failing to appear, from the investigation stage through the trial proceedings.

In addition, to help restore the victim, the defendant sincerely apologized, paid a settlement amount of 20 million won, and was in the process of reaching an amicable settlement.

We emphasized that the defendant had never committed any sexual offense before this offense and had never engaged in improper conduct in relationships.

We also argued that the defendant had recently obtained a baking technician certificate and, once he returned to society, intended to live a new life properly as a baker.

Indecent act by compulsion under the Criminal Act is punishable by imprisonment for up to 10 years or a fine of up to 15 million won. However, sexual offenses against children and youth constitute serious crimes, and because no maximum penalty is set, a heavier sentence exceeding the minimum threshold may be imposed.

If the offender is also a minor, responding at one's own discretion after arrest may worsen the situation.

The outcome can therefore differ greatly depending on who assists at trial, so to minimize the disadvantages that may arise in the difficult situation of facing charges such as statutory rape of a minor, you may wish to consult an attorney at Daeryun Law Firm as soon as possible.