[Gwangju Attorney Office] Client Who Became a Defendant in a Sexual Offense Case, ‘Acquitted’ with the Assistance of an Attorney

The client and the complainant A were workplace colleagues, and they often drank together.

On the day of the incident as well, the client did A a favor, and A, expressing gratitude, suggested that they have a meal together at A's home.

The client, who agreed to this, drank a large amount of alcohol with A and spent an enjoyable time until late at night.

The two then fell asleep in separate places, and the next day the client, who had woken up, helped with some cleaning up, exchanged greetings with A, and returned home.

A few months later, the client and A had a serious argument while discussing work-related matters.

Afterward, A suddenly began to claim that A had been raped by the client.

The client could not accept this at all.

From the early stages of the investigation, the client actively asserted innocence with the help of another law firm, but it was not accepted.

Accordingly, the client came to the Gwangju attorney office to receive more specialized assistance.

Criminal Act Article 297-2 (Imitative Rape)

A person who, by means of violence or intimidation, inserts his or her sexual organ into the inside of another person's body (excluding the sexual organ), such as the mouth or anus, or inserts part of the body (excluding the sexual organ), such as a finger, or an object, into the sexual organ or anus, shall be punished by imprisonment for a definite term of at least two years.

Criminal Act Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)

A person who has sexual intercourse with or commits an indecent act against another person by taking advantage of the other person's condition of unconsciousness or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.

“Where the defendant has consistently denied the facts charged, and the only evidence supporting the facts charged is the statement of the victim, in order to find the defendant guilty on the basis of that statement alone, the statement must, in light not only of the reasonableness and validity of its content but also of the objective circumstances and the rules of experience, have such credibility that it gives rise to a conviction that the facts charged are true beyond a reasonable doubt and that is sufficient to reject the defendant's assertion of innocence. (See Supreme Court Decision 2014Do7945, November 26, 2015; Supreme Court Decision 2016Do21231, October 31, 2017, etc.)

A filed the complaint against the client several months after the day on which A claimed to have been harmed.

Until then, A had never visited a counseling center, never visited a hospital, and never informed people around her of the harm in connection with the alleged incident.

Of course, since a victim of a sexual offense may find it difficult to disclose the harm on his or her own, it is difficult to raise an issue solely on the ground that the report was late.

However, in this case, several doubts existed regarding the timing of the report. This was because the report was made after the two had a serious argument.

A had never mentioned the harm to the client for several months after this incident occurred.

A continued to eat meals together with the client as usual and to attend the client's family events, showing no sign of discomfort either.

The only variable between the two was the ‘work-related argument.’ For this reason, suddenly complaining of harm immediately after the argument was not a natural course of events.

On the basis of these facts, the Gwangju attorney office emphasized the client's innocence.

At the trial, the client likewise strongly denied the charges, and since the only evidence to prove the client's guilt was A's statement, that statement had to be very accurate and reasonable.

However, A's statements regarding facts that played an important role in proving the criminal facts, such as the time the client left the home and the client's posture at the time of the alleged offense, were inconsistent.

They were not consistent, and over time they changed in a manner increasingly unfavorable to the client.

The client's charges should not have been recognized on the basis of A's statement alone, which lacked credibility, and the Gwangju attorney office pointed out this problem.

At the time the incident occurred, A continued to exchange messages with another colleague with whom A was usually close.

Everything from the moment the client arrived at A's home until A became drunk and fell asleep was conveyed in real time.

In addition, A also sent that colleague a message stating that, the previous night, the client had become heavily intoxicated, and that A had returned to A's room alone, locked the door, and fallen asleep.

This was content that completely contradicted A's existing claim that A had been harmed by the client while lying in the living room.

In addition, after deciding to report the client, A even asked that colleague to give false testimony that A had heard about the harm on the very day after the incident occurred.

There are cases in which a person stands trial as a defendant due to an unjust misunderstanding, despite not having actually committed a sexual offense.

In such cases, it can feel overwhelming to know where and how to begin proving one's innocence.

In most cases related to sexual offenses, the victim's statement is used as the main evidence to prove the defendant's guilt.

For this reason, in order to prove the defendant's innocence, it is necessary to find flaws in the other party's statement and to pursue them persistently.

This is the reason that the assistance of a specialized defense team is needed from the early stages of the investigation.

At the Gwangju attorney office, attorneys specializing in sexual offense cases form a handling team and establish a defense strategy tailored to the client.

If you are at a loss after being unjustly implicated in a sexual offense, you may come to the Gwangju attorney office of Daeryun Law Firm.