Sejong Attorney | Sejong Attorney Helps Client Charged With Statutory Rape of a Minor and Defends Against Imprisonment

The client’s charge was statutory rape of a minor.

Statutory rape of a minor refers to a case where one party is below the age of consent for sexual relations, so that even if that party expresses consent, it is not regarded as valid consent, and the act is treated as the crime of rape.

The age of consent for sexual relations is 16 or older, so if a person aged 16 or older has sexual relations with a minor under 16, the person faces a charge of statutory rape of a minor.

Criminal Act Article 305 (🔗Sexual Intercourse With a Minor, Indecent Act)

① A person who commits sexual intercourse or an indecent act against a person under 13 years of age shall be punished in accordance with Article 297, Article 297-2, Article 298, Article 301, or Article 301-2.

② A person aged 19 or older who commits sexual intercourse or an indecent act against a person aged 13 or older but under 16 years of age shall be punished in accordance with Article 297, Article 297-2, Article 298, Article 301, or Article 301-2.

Criminal Act Article 297 (🔗Rape)

A person who rapes another by means of violence or intimidation shall be punished by imprisonment for a definite term of not less than three years.

The client’s charge, statutory rape of a minor, is punishable by imprisonment for a definite term of not less than three years, with no fine.

The background of the Sejong attorney’s client’s case was as follows.

Ms. A’s account was recommended on the client’s social media account, and out of curiosity he sent a message; she replied, and they exchanged messages for several weeks.

The Sejong attorney learned Ms. A’s age, which was 14, and that whenever they spoke, Ms. A would say things such as that she liked having sexual relations and that she frequently had sexual relations with older male friends she was close to.

The client made an arrangement to meet Ms. A. Because he thought he would not be able to enter a motel due to Ms. A’s age, he went to an unstaffed motel that he had found in advance.

At the motel, the client and Ms. A had sexual intercourse once and then parted.

Afterward, Ms. A would occasionally send messages to the client and even arrange the next meeting, when one day he suddenly received word from the police that this case had been reported.

The client was ignorant of the law. Believing that he could have sexual relations with a person under 16 as long as the other party consented, he came to commit the offense in this case.

Had the client known of this law, he would not have met Ms. A or had sexual relations with her; because he did not know of it, he came to commit the offense in this case. Please take into account the circumstances under which he came to commit it.

In order to reach a settlement with the victim’s side, the client conveyed his intention to settle to Ms. A’s counsel several times and expressed his apologies to Ms. A and her parents.

Wishing to compensate as much as possible, at least monetarily, for the psychological and physical harm Ms. A suffered, he also delivered a substantial sum.