Defense Against a Quasi-Rape Charge | University Student Client Accused of Quasi-Rape, 'Non-Referral (No Suspicion of Crime)'

The client had become involved in criminal proceedings over sexual relations entered into by consent following a private gathering with acquaintances.

The incident occurred at drinks that followed an end-of-term gathering with acquaintances, and the client understood that the relations had developed naturally after he and the other party had a separate conversation.

After a certain amount of time had passed following the incident, however, the other party filed a criminal complaint to the effect that she had been intoxicated and in a state where normal judgment or resistance was difficult.

As a result, the client came to be investigated overnight as a suspect on a quasi-rape charge.

Because the client had believed that the other party had expressed her intentions and was aware of the situation at the time, he felt great anxiety at the very fact that a quasi-rape charge had been raised.

The client had become involved in criminal proceedings over sexual relations entered into by consent following a private gathering with acquaintances.

The incident occurred at drinks that followed an end-of-term gathering with acquaintances, and the client understood that the relations had developed naturally after he and the other party had a separate conversation.

After a certain amount of time had passed following the incident, however, the other party filed a criminal complaint to the effect that she had been intoxicated and in a state where normal judgment or resistance was difficult.

As a result, the client came to be investigated overnight as a suspect on a quasi-rape charge.

Because the client had believed that the other party had expressed her intentions and was aware of the situation at the time, he felt great anxiety at the very fact that a quasi-rape charge had been raised.

For a quasi-rape charge to be established, it must first be shown that the victim was in a state of loss of mental capacity or inability to resist at the time of the incident.

The complainant argued that, due to intoxication, normal judgment or resistance was impossible.

The attorney, however, raised doubts as to whether that claim reflected the actual condition at the time of the incident.

According to the circumstances confirmed during the investigation, the other party was observed continuing conversations and moving on her own before and after the incident.

Based on such circumstances, the attorney organized the opinion around the point that it was difficult to conclude a state of inability to resist.

▶ Points of Assistance

A quasi-rape charge is not a crime that is established by the occurrence of a result alone; the perpetrator's awareness and intent must also be proven.

The complainant argued that the client was aware of her condition and exploited it.

However, the attorney specializing in sexual offense cases focused on the point that, in light of the circumstances at the time of the incident, it was difficult to conclude that the client had perceived the other party as being in a state of loss of mental capacity or inability to resist.

In particular, in accordance with the criteria set forth in Supreme Court precedent 2018Do9781, the attorney argued that a state of alcohol blackout must be distinguished from a state of loss of consciousness.

On this basis, the attorney emphasized the point that the subjective elements of the quasi-rape charge were not satisfied.

In quasi-rape charge cases, investigative authorities often make their determinations relying on the victim's testimony.

Accordingly, the attorney specializing in sexual offense cases focused on securing materials that could verify the credibility of the testimony.

The client cooperated faithfully with the investigative procedures, including DNA analysis and questioning of reference witnesses.

In addition, the attorney reconstructed the time sequence centered on video footage confirming the circumstances of movement before and after the incident.

These materials were used as a basis for comparing the testimony with the objective circumstances.

The investigative authorities comprehensively considered the following circumstances.

Accordingly, the authorities determined that it was difficult to satisfy the elements of the quasi-rape charge.

After receiving notice that the investigation had been concluded, the client expressed his relief at being able to return to everyday life.

The investigative authorities comprehensively considered the following circumstances.

Accordingly, the authorities determined that it was difficult to satisfy the elements of the quasi-rape charge.

After receiving notice that the investigation had been concluded, the client expressed his relief at being able to return to everyday life.

According to Supreme Court Judgment 2018Do9781, in quasi-rape charge cases where drinking is involved, the court examines whether the condition the victim claims is an alcohol blackout or amounts to passing out.

▶ Conceptual Difference Between Blackout and Passing Out

In judging a quasi-rape charge, the court holds that even if the victim did not entirely lose consciousness, if the influence of alcohol left her with a markedly diminished ability to form intentions or capacity to resist an act infringing her right to sexual self-determination, this may amount to a state of inability to resist.

▶ Factors the Court Examines Comprehensively

In other words, in quasi-rape charge cases, the court does not immediately recognize loss of mental capacity or inability to resist based solely on the fact that the victim testified that she "does not remember."

It is likewise necessary to be cautious about concluding, based only on some of the victim's conduct or on fragmentary appearances, that she was merely in a state of alcohol blackout; the court reaches its judgment by comprehensively considering all the circumstances, centered on the actual state of consciousness and the capacity to respond at the time of the offense.

From the earliest stage of a case, the firm specifically reviews the circumstances at the time, organizes the relationship between the contents of the testimony and the evidence, and responds to the investigative procedures.

If you are facing a police investigation on a quasi-rape charge, we encourage you to prepare a systematic response strategy through a 🔗Sexual Offense Specialist Attorney Legal Consultation Appointment.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), provides legal services grounded in trust.

From the earliest stage of a case, the firm specifically reviews the circumstances at the time, organizes the relationship between the contents of the testimony and the evidence, and responds to the investigative procedures.

If you are facing a police investigation on a quasi-rape charge, we encourage you to prepare a systematic response strategy through a 🔗Sexual Offense Specialist Attorney Legal Consultation Appointment.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), provides legal services grounded in trust.