Gwangju Attorney Favorable Judgment Case | Assisting a Rape Victim Client in Civil Litigation, Obtaining Payment of 60 Million Won

Q, the daughter of the Gwangju attorney's client, came to know B and B's friends several years earlier through an introduction by her friend A, and they began spending time together.

They went to a karaoke room together, and Q reportedly felt that something was off.

The male students took out alcohol they had secretly brought and drank it, and although Q tried to the end not to drink, B coercively made her drink.

When Q became so intoxicated that she could not control her body, B committed rape.

Q then disclosed the harm to her mother and reported it to the police immediately, but B received a light punishment as a juvenile under the age of criminal responsibility.

The perpetrator in the case of the daughter of the Gwangju attorney's client was a juvenile under the age of criminal responsibility,

A ‘juvenile under the age of criminal responsibility’ is a person under the age of criminal responsibility who is at least 10 but under 14 years of age and has committed an act punishable under criminal law.

A protective disposition may be one of the following.

- Entrustment to a guardian or to a person who can protect the juvenile in place of a guardian

- An order to attend a course

- A community service order

- Short-term and long-term probation by a probation officer

- Entrustment to a child welfare facility or other juvenile protection facility

- Entrustment to a hospital, sanatorium, or medical rehabilitation juvenile reformatory

- Referral to a juvenile reformatory for up to 1 month

- Short-term and long-term referral to a juvenile reformatory

A notable point is that no matter what crime is committed, it does not affect the future.

B not only coercively forced Q to drink alcohol but also raped Q, who could not even control her body.

In addition, after the rape, B proudly told his friends about the rape, committing secondary harm as well.

Because B was a juvenile under the age of criminal responsibility, he received only a protective disposition.

Accordingly, because B's father had a duty to protect and raise B yet failed to do so, both B and B's father bear liability for damages.

B, the perpetrator in the case of the Gwangju attorney's client, even now, when the judgment and the disposition have all concluded, denies the facts of his crime and has not offered a proper apology.

B shows no sign of remorse whatsoever and, on the contrary, even displays conduct that takes pride in being a juvenile under the age of criminal responsibility.

After the rape, Q suffered from bipolar disorder and even attempted suicide.

In addition, although Q was the victim, out of fear that the facts of the harm would become known, she even moved to a different region.

Accordingly, B and B's father are requested to pay the Gwangju attorney's client and Q consolation money of 50 million won and 10 million won, respectively.