CONTENTS
- 1. Rape Sentencing | The Story of the Client Who Sought Our Help
- - Sentencing for the Act of Rape
- - Rape Sentencing and Aggravated Punishment
- 2. Defense Strategy to Overcome the Crisis of a Rape Sentence
- - Proving a Consensual Meeting and Relationship
- - Analysis of Inconsistencies in the Complainant's Statement
- - Securing and Submitting Objective Evidence
- 3. Rape Sentencing | Daeryun's Specialized Attorney Who Assisted in a Crisis of Punishment
- - Client Who Received a Non-Referral Decision
- 4. Rape Sentencing: The Need for Assistance from a Specialized Attorney
1. Rape Sentencing | The Story of the Client Who Sought Our Help
The circumstances of the client who faced concerns over a rape sentence are as follows.
The client met a woman through the university community app Everytime, and as they exchanged conversation and naturally continued meeting, the woman moved to the client's home with her consent, where they shared drinks and snacks and developed an intimate atmosphere.
Subsequently, as natural physical contact occurred, they had sexual relations; however, during the encounter the woman said while crying that she wanted to go home, and the client immediately stopped and took her home.
Not long afterward, however, the woman accused the client of rape, and as the situation that the client had believed to be consensual escalated into a criminal case, the client came to suffer severe anxiety and fear over a rape sentence.
In particular, faced with the fear that he, a university student, could become a person with a criminal record for a sexual offense, and with the desperate concern that his life could collapse if he failed to properly explain the unjust situation, the client concluded that he needed professional legal assistance from the early stage of the case and sought help from Daeryun's attorney specializing in sexual offenses.
Sentencing for the Act of Rape
The sentence for rape is set out in Article 297 of the Criminal Act, and the crime of rape is established when a person has sexual intercourse with another through assault or intimidation.
Statutory penalty: imprisonment for a definite term of at least three years
Elements of the offense: (1) assault or intimidation; (2) the act of sexual intercourse
Here, "assault or intimidation" refers to an exercise of force sufficient to make the victim's resistance markedly difficult, and it may include not only physical violence but also intimidation that induces psychological fear.
Rape Sentencing and Aggravated Punishment
Offense | Statutory Penalty |
Crime of rape | Under Article 297 of the Criminal Act, imprisonment for a definite term of at least three years |
Crime of imitative rape | Under Article 297-2 of the Criminal Act, imprisonment for a definite term of at least three years |
Crime of quasi-rape | Under Article 299 of the Criminal Act, imprisonment for a definite term of at least two years |
Crime of rape causing injury | Under Article 301 of the Criminal Act, where a person is injured or caused to suffer injury, imprisonment for life or for at least five years |
Crime of rape causing death | Under Article 301-2 of the Criminal Act, where a person is killed, the death penalty or imprisonment for life where a person is caused to die, imprisonment for life or for at least ten years |
The statutory penalty for the crime of rape is imprisonment for a definite term of at least three years, and where a person is indicted, the rate of actual custodial sentences is very high; it is treated as a serious crime for which a suspended sentence is difficult to obtain even for a first-time offender.
In particular, where the credibility of the victim's statement is recognized, the case often leads to a conviction even when other evidence is insufficient, so particular caution is required.
2. Defense Strategy to Overcome the Crisis of a Rape Sentence
The sexual offense attorney who explained the matter of a rape sentence noted that the statements of the client and the complainant in this case sharply diverged.
The complainant asserted that, although she had clearly expressed refusal during the encounter, the client ignored this and forcibly continued the sexual relationship; the client, by contrast, stated that he immediately stopped and safely took the woman home as soon as she said she was unwell.
The attorney therefore determined that a strategy of persuading the investigative authorities, through objective evidence and circumstances, that the client lacked the intent to commit rape was essential.
Proving a Consensual Meeting and Relationship
First, the attorney focused on the work of proving that the meeting between the client and the complainant was not coerced or one-sided, but a voluntary meeting that took place by mutual agreement.
By closely analyzing the contents of the Everytime board and the KakaoTalk conversation, the attorney confirmed that the two had taken a liking to each other and naturally continued meeting.
The attorney also presented in concrete terms the circumstances showing that the complainant voluntarily accompanied the client to his home and developed an intimate atmosphere while sharing drinks and snacks.
In particular, through the conversation and behavioral patterns leading up to the relationship, the attorney made clear that the client had not unilaterally coerced the complainant but that the relationship proceeded with mutual consent.
Analysis of Inconsistencies in the Complainant's Statement
Next, the attorney analyzed inconsistencies by comparing the contents of the complainant's statement against the objective facts.
The complainant asserted that she had been forced into sexual relations; however, despite the fact that the client's studio was nearly soundproof in structure, there was no trace whatsoever of the complainant screaming or resisting.
Accordingly, the attorney undertook to secure evidence by confirming, through the occupant of the adjacent room, that no unusual sounds or screams had been heard at the time.
In addition, the facts that the complainant walked out to the entrance with the client and waved goodbye when they parted after the relationship ended, and that on the day of the incident she posted a calm everyday photograph of herself studying with a friend at a cafe on her Instagram story, were far removed from the behavioral patterns of a typical victim of sexual violence.
Moreover, the client's act of immediately stopping and safely taking the complainant home as soon as he recognized her discomfort was conduct far removed from the characteristics of the crime of rape and reflected consideration for her.
Taking these circumstances together, the attorney persuasively conveyed to the investigative authorities that it was difficult to satisfy the core elements of the crime of rape.
Securing and Submitting Objective Evidence
Finally, the attorney concentrated on clarifying the substance of the case through objective evidence rather than subjective statements.
The attorney organized the entire conversation record in chronological order to make clear the process by which the relationship between the two had formed, and attempted forensic recovery of even their past history of exchanges.
By securing CCTV footage, the attorney objectively established the complainant's arrival and departure, and through the statements of nearby residents also obtained third-party testimony about the circumstances at the time.
These objective items of evidence played a decisive role in enabling the investigative authorities to grasp the true nature of the case accurately, and they became the key basis supporting the finding of no charge against the client.
3. Rape Sentencing | Daeryun's Specialized Attorney Who Assisted in a Crisis of Punishment
During the police investigation, the objective evidence and circumstantial materials submitted were reviewed comprehensively.
Through the contents of the conversations between the parties, the CCTV footage, and the testimony of nearby witnesses, it was recognized that the relationship between the client and the complainant had been consensual, and it was confirmed that the client had immediately stopped and acted with consideration upon recognizing the complainant's discomfort.
In particular, the "assault or intimidation" and the "coercion despite a clear expression of refusal," which are core requirements for the establishment of the crime of rape, were not proven on the objective evidence, and it was accepted that the client lacked criminal intent.
Client Who Received a Non-Referral Decision
As a result, the client ultimately received a non-referral decision.
Freed from the severe anxiety of criminal punishment as well as the prospect of being branded as a person with a criminal record for a sexual offense, the client expressed his gratitude, saying, "Thank you for trusting me and standing by me to the end."
4. Rape Sentencing: The Need for Assistance from a Specialized Attorney
This case began with a meeting through a university community app that led to a situation involving concerns over a rape sentence; however, through systematic securing of evidence and a strategic response from the early stage, it resulted in a non-referral decision.
A charge of rape is a serious crime that can lead to indictment and an actual custodial sentence on the basis of the victim's statement alone, so securing evidence and mounting a legal response from the early stage of the case are important.
If you are in a situation requiring an investigation or a response regarding a charge of rape, please confirm the issues of your case and a response strategy through 🔗Sexual Offense Specialist Attorney Consultation Booking.
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