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Deals & Cases

Quasi-rape

Gyodae sexual crimes specialist attorney | Representing a client facing a quasi-rape charge for a “no-referral”

A Gyodae sexual crimes specialist attorney represented a client who, facing a quasi-rape charge, requested the assistance of a sexual crimes specialist attorney. This is an example in which a no-referral disposition was obtained through the defense of the Gyodae sexual crimes specialist attorney.

CONTENTS
  • 1. The client who came to a Gyodae sexual crimes specialist attorney
  • 2. The criminal facts of the Gyodae sexual crimes specialist attorney's client
    • - A Sex Crime Specialist Attorney Explains Quasi-Rape
  • 3. The Gyodae Sex Crime Specialist Attorney's Assistance to the Client
    • - A Sex Crime Specialist Attorney Emphasizes That the Complainant Was Not Heavily Intoxicated
    • - A Sex Crime Specialist Attorney Emphasizes That the Complainant Is Falsely Accusing the Client
    • - A Sex Crime Specialist Attorney Emphasizes That the Complainant's Statement Lacks Credibility
  • 4. The Disposition Obtained by the Gyodae Sex Crime Specialist Attorney

1. The client who came to a Gyodae sexual crimes specialist attorney

The client, who came to a Gyodae sexual crimes specialist attorney, said that they were facing a quasi-rape charge and that the assistance of a sexual crimes specialist attorney was urgently needed.

2. The criminal facts of the Gyodae sexual crimes specialist attorney's client

The criminal facts of the Gyodae sexual crimes specialist attorney's client were as follows.

The client raped the victim, an acquaintance with whom the client was usually on friendly terms, by drinking together, going to a motel, and inserting their genitals without the consent of the victim, who was heavily intoxicated.

A Sex Crime Specialist Attorney Explains Quasi-Rape

A Gyodae sex crime specialist attorney will explain the quasi-rape charge the client faced.

Rape is the crime of 🔗raping a person through assault or intimidation, while quasi-rape refers to the crime of having sexual intercourse by exploiting a person's state of mental or physical incapacity or inability to resist.

Article 297 of the Criminal Act (Rape) A person who rapes another through assault or intimidation shall be punished by imprisonment for a definite term of at least three years.

Article 297-2 of the Criminal Act (Imitative Rape) A person who, through assault or intimidation, inserts his or her sexual organ into another person's bodily orifice such as the mouth or anus (excluding the sexual organ), or inserts part of the body such as a finger (excluding the sexual organ) or an instrument into another person's sexual organ or anus, shall be punished by imprisonment for a definite term of at least two years.

Article 299 of the Criminal Act (Quasi-Rape, Quasi-Indecent Act by Compulsion) A person who has sexual intercourse with or commits an indecent act against another by exploiting the other's state of mental or physical incapacity or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.

The Gyodae sex crime specialist attorney's client was at risk of being sentenced under the Criminal Act to imprisonment for a definite term of at least three years, with no option of a fine.

3. The Gyodae Sex Crime Specialist Attorney's Assistance to the Client

The Gyodae sex crime specialist attorney provided the following assistance to prevent the client from being punished.

A Sex Crime Specialist Attorney Emphasizes That the Complainant Was Not Heavily Intoxicated

The Gyodae sex crime specialist attorney's client had agreed to drink with the complainant, and after leaving their belongings at a motel together with the complainant, they went out.

The complainant had, on previous occasions, regularly used motels together with the client whenever they drank together.

Although they had not had sexual relations before, on the day of the incident, after drinking and returning to the motel, the complainant was the one who first requested sexual relations.

The complainant had consumed less alcohol than usual and was by no means in a state of heavy intoxication.

A Sex Crime Specialist Attorney Emphasizes That the Complainant Is Falsely Accusing the Client

The complainant in the Gyodae sex crime specialist attorney's case is falsely accusing the client.

The complainant has a boyfriend, and when the boyfriend learned that she had had sexual relations with the client, she claimed that she had been raped by the Gyodae sex crime specialist attorney's client in order to argue that she had not cheated.

A Sex Crime Specialist Attorney Emphasizes That the Complainant's Statement Lacks Credibility

The Gyodae sex crime specialist attorney's client is giving a very detailed account of the circumstances at the time.

By contrast, it is difficult to accept the complainant's claim that she does not remember the situation at the time, even though she reserved the motel and unpacked by agreement with the client and thereafter spent more than 15 hours together with the client at the motel.

4. The Disposition Obtained by the Gyodae Sex Crime Specialist Attorney

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After hearing the Gyodae sex crime specialist attorney, the police issued a no-referral decision regarding the client.

Because quasi-rape involves raping another by exploiting the other's state of mental or physical incapacity or inability to resist, it is punished severely by imprisonment without the option of a fine.

However, the Gyodae sex crime specialist attorney demonstrated that the client had merely had consensual sexual relations with the complainant and had not committed the crime of quasi-rape, thereby preventing the client's imprisonment.

If you are identified as a perpetrator of a sex crime, you should seek the assistance of a sex crime specialist attorney right away.

If you, like the Gyodae sex crime specialist attorney's client, are at risk of being wrongfully punished, Daeryun Law Firm's Gyodae office is available to take on your case.

🔗The Gyodae sex crime specialist attorney will work to find a solution suited to your case.

교대성범죄전문변호사 | 준강간 혐의 의뢰인 변호해 “불송치”

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.

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