Assistance From a Changwon Sexual Assault Attorney | A Changwon Attorney Who Obtained an Acquittal for a Sexual Assault Client

The client who requested assistance from a Changwon sexual assault attorney had visited a massage shop that was a prostitution establishment.

By mutual agreement, he had sexual relations with an employee of the massage shop.

Afterward, when the client tried to leave the massage shop, the owner of the massage shop stopped him and asked why he had raped the victim, and the client argued that, although he had engaged in prostitution, he had never raped her.

The owner continued to press the client to admit the rape and to settle, and the client continued to deny it.

Afterward, the client left the shop, and a few days later he was sued for sexual assault.

Pleading that he had been wronged, the client requested assistance from Daeryun Law Firm's Changwon sexual assault attorney.

■ Criminal Act Article 297 (Rape)

A person who, by means of violence or intimidation, rapes another shall be punished by imprisonment for a definite term of not less than 3 years.

▶ In a criminal trial, the burden of proving the charged criminal facts rests with the prosecutor, and a finding of guilt must be based on evidence with such probative force as to give the judge a conviction that the charged facts are true beyond a reasonable doubt. Therefore, in the absence of such evidence, even if there is suspicion of the defendant's guilt, the matter can only be judged in the defendant's favor. (See, e.g., Supreme Court Judgment of April 27, 2006, Case No. 2006Do735.)

▶ Where the defendant consistently and strongly denies the charged facts and the only direct evidence corresponding to the charged facts is, in substance, the victim's statement, finding the charged facts guilty based solely on the victim's statement requires probative force so high as to leave virtually no room for doubt as to the truthfulness and accuracy of that statement. (See Supreme Court Judgment of May 10, 2012, Case No. 2011Do16413.)

▶ In the crime of rape, the violence or intimidation must be of a degree that makes the victim's resistance impossible or markedly difficult, and whether the violence or intimidation was of such a degree must be judged by comprehensively considering all the circumstances, including not only the content and degree of the violence and intimidation through which physical force was exercised but also the background to the exercise of that force, the relationship with the victim, and the circumstances at the time of the offense. (See, e.g., Supreme Court Judgment of June 9, 2000, Case No. 2000Do1253.)

The massage shop in this case has its rooms situated side by side in a row.

For that reason, if a rape had occurred, the layout is such that sounds from the victim's resistance could readily have been heard from outside.

By calling as a witness the massage shop employee who had heard no sound whatsoever, the attorney proved the fact that the victim had not resisted, such as by making loud sounds, during the sexual relations with the defendant.

As a result of the psychophysiological examination, that is, a polygraph test, the defendant's answers denying the criminal facts produced a truthful response.

However, the victim's answers affirming the criminal facts produced a deceptive response.

For that reason, the attorney emphasized that the victim's claim of having been sexually assaulted lacked credibility.

The above case was that of a client who had sexual relations with a massage shop employee by mutual agreement but was sued for sexual assault.

The Changwon sexual assault attorney proved that there had been no act such as violence or intimidation, and the client was ultimately able to obtain an acquittal.

A rape case is judged by comprehensively considering the content and degree of the violence and intimidation, the background to the exercise of physical force, the circumstances at the time of the offense, and the like.

For that reason, it can be helpful to be accompanied by and to receive assistance from a specialized attorney from the early stage of the case, beginning with the police investigation.

At Daeryun Law Firm, specialized attorneys with extensive trial experience, having handled numerous sexual offense cases, personally lead the entire process from consultation through trial response and manage the client's situation consistently.

If you are in a situation involving a sexual assault case, you may entrust the matter to Daeryun Law Firm.