CONTENTS
- 1. Sexual Offense Case: A Client Charged With Rape of a Person With Disability
- - Circumstances of the Sexual Offense Case
- - Sexual Offense Case: Assistance From the Sexual Offense Attorney
- 2. Sexual Offense Case: The Suspended Sentence Judgment
- 3. Sexual Offense Case: The Concept and Level of Punishment for Rape of a Person With Disability
- - Representative Types of Rape of a Person With Disability
- - The Level of Punishment for Rape of a Person With Disability
- 4. Sexual Offense Case: Response Strategy for a Charge of Rape of a Person With Disability
- - Mitigating Factors in a Charge of Rape of a Person With Disability
- - If You Receive Assistance From a Sexual Offense Attorney
1. Sexual Offense Case: A Client Charged With Rape of a Person With Disability
The circumstances of the client who requested a consultation with the sexual offense attorney regarding this sexual offense case are as follows.
Circumstances of the Sexual Offense Case
The client came to exchange contact with victim A (hereinafter the victim), whom he had frequently encountered while taking walks around the neighborhood.
Although the victim was middle-aged, she had a severe intellectual disability, and as a result her social age was at the level of an eight-year-old child.
The client thereupon decided to rape the victim, whose ability to communicate and to make social judgments was impaired. He contacted the victim, saying, "Let us go somewhere fun," and then took her to a motel.
The client subsequently attempted to have intercourse with the victim but did not complete the act, and he was reported by the victim's guardian and charged with rape of a person with disability.
To avoid an actual custodial sentence, the client requested assistance from the sexual offense attorney.
Sexual Offense Case: Assistance From the Sexual Offense Attorney
1) Highlighting the mitigating factors relating to the client's circumstances
The sexual offense attorney appealed to the court to take into account in sentencing, through medical records, the fact that the client was in the early stages of Alzheimer's disease and that, as a result, it would be difficult for the client, who was over eighty years old, to serve a prison term.
2) Emphasizing the client's remorse and his resolve to prevent reoffending
By submitting the client's handwritten letter of reflection, the attorney conveyed the fact that the client was sincerely remorseful for his conduct.
In addition, through letters of appeal from the family, the attorney emphasized the fact that the family likewise pledged to supervise the client so that he would never commit the same offense again, and that they sought forgiveness from the victim.
3) Settlement with the victim and the expression of an intent not to seek punishment
The attorney emphasized the fact that the client sincerely apologized to the victim and provided settlement money, and that the victim accordingly accepted the client's apology and expressed an intent not to seek punishment.
The sexual offense attorney submitted the victim's formal written statement declining punishment and appealed for this to be reflected in sentencing.
2. Sexual Offense Case: The Suspended Sentence Judgment
The court recognized the following.
2) That the client's health was poor, including a diagnosis of Alzheimer's disease
Accordingly, a suspended sentence was imposed, and the client was able to successfully avoid an actual custodial sentence.
3. Sexual Offense Case: The Concept and Level of Punishment for Rape of a Person With Disability
Rape of a person with disability refers to the act of infringing upon the right to sexual self-determination of a person with a disability and engaging in sexual intercourse by force.
A characteristic feature is that a sexual offense committed against a person with disability who has difficulty expressing his or her intent normally because of an intellectual or mental disability is punished more heavily than an ordinary case.
Representative Types of Rape of a Person With Disability
Type | Key Details |
Sexual offenses against persons with intellectual or mental disabilities | Where a sexual act is committed through threat or deception, it is deemed an act without consent even absent a clear refusal |
Sexual offenses by staff of facilities or institutions | A sexual act exploiting one's position or authority is subject to aggravated punishment in sentencing |
Sexual offenses by guardians or family members | Because reporting is difficult and long-term concealment is possible, abuse and habitual conduct are also investigated |
Sexual acts inducing a mistaken belief as to consent | Sexual inducement exploiting an emotional or financial relationship also incurs criminal liability |
The Level of Punishment for Rape of a Person With Disability
If a charge of rape of a person with disability is established, the following punishment is imposed under the Act on Special Cases concerning the Punishment of Sexual Crimes and the Act on Welfare of Persons with Disabilities.
▶ Imitative rape (sexual assault other than intercourse): imprisonment for a definite term of not less than five years
▶ Sexual harassment or sexual assault: imprisonment for not more than ten years or a fine not exceeding one hundred million won
4. Sexual Offense Case: Response Strategy for a Charge of Rape of a Person With Disability
If you have been charged with rape of a person with disability, it is important to accurately identify the mitigating factors that may apply and to structure your response strategically so that favorable circumstances are reflected in sentencing.
Mitigating Factors in a Charge of Rape of a Person With Disability
Mitigating Factor | Key Content |
Where the degree of the indecent act is slight | Where physical contact was limited and the resulting harm was minor |
Participation under coercion or threat | Conduct resulting from external pressure rather than a voluntary offense |
Settlement and deposit made | Financial measures and implementation of a settlement to remedy the harm |
Sincere remorse | Confirmation of a remorseful attitude and efforts to prevent recurrence |
No prior criminal record | A first-time offender with a low risk of reoffending |
If You Receive Assistance From a Sexual Offense Attorney
In a sexual offense case involving rape of a person with disability, the sexual offense attorney assists with the response, focusing on the following.
• Gathering objective circumstantial evidence by which consent can be assessed, beyond mere statements
• Systematically organizing and submitting communication materials such as the circumstances before and after the incident and records of contact
• Actively asserting procedural unlawfulness where the investigation proceeds improperly, such as an arrest without a warrant
If you need a response strategy suited to your situation, please obtain specific advice tailored to your case through a 🔗legal consultation booking.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
