CONTENTS
- 1. The Client Who Sought a Jeju Sexual Assault Attorney
- - The Complainant's Account as Heard by the Jeju Sexual Assault Attorney
- - The Client's Account as Heard by the Jeju Sexual Assault Attorney
- 2. The Level of Punishment for Rape, Explained by a Jeju Sexual Assault Attorney
- 3. A Jeju Sexual Assault Attorney Undertakes the Client's Defense
- 4. The Disposition Achieved by the Jeju Sexual Assault Attorney
1. The Client Who Sought a Jeju Sexual Assault Attorney
This is the story of a client who consulted a Jeju sexual assault attorney.
The client said that he had been charged with rape, and he expressed that he felt wronged, stating that the sexual relations had taken place by mutual consent.
The client requested help in clearing himself of the rape charge.
The Complainant's Account as Heard by the Jeju Sexual Assault Attorney
The Jeju sexual assault attorney first listened to the account of the victim who had filed the complaint against the client.
The victim claimed that she had been drinking with an acquaintance and had arrived near her own home, but that she lost consciousness while heavily intoxicated, and when she woke up she was at the client's house, where the client had forced her to have sexual intercourse.
The victim claimed that the client had prevented her from resisting and had intercourse with her, and that her knee was injured in the process.
The victim claimed that, although she did not remember how she came to be at the client's house while intoxicated or what conversation she had with the client, she was certain that the client had raped her.
The Client's Account as Heard by the Jeju Sexual Assault Attorney
The Jeju sexual assault attorney's client stated that the victim was making false claims.
The client said that he had met the victim at a karaoke room, and that the victim first asked for his contact information, after which they exchanged messages.
According to the client, while the victim was on her way home, she asked to meet him and headed to his house.
At the time, the victim sent messages without typos and was able to walk steadily, and she did not appear to be intoxicated at all.
The client said that he and the victim had consensual sexual intercourse as soon as they entered the house.
According to the client, after the intercourse ended, he asked the victim to leave the house, but she kept refusing to leave.
He said that when he raised his voice and told her to leave, the victim suddenly said she would report him and ran out.
2. The Level of Punishment for Rape, Explained by a Jeju Sexual Assault Attorney
The client, advised by a Jeju sexual assault attorney, was facing a charge of rape. 🔗Rape refers to having sexual intercourse with a person through means such as assault or threat.
Rape is punished under the Criminal Act. There is no fine and no upper limit on the sentence, and it is punishable by imprisonment for a definite term of at least three years.
Criminal Act Article 297 (Rape) A person who rapes another through assault or threat shall be punished by imprisonment for a definite term of at least three years.
3. A Jeju Sexual Assault Attorney Undertakes the Client's Defense
The Jeju sexual assault attorney undertook the defense on behalf of the client.
The victim first asked the client for his contact information, met him, and had consensual sexual intercourse.
For the crime of rape to be established, the key issue is whether there was assault or intimidation, that is, whether there was coercion. Although the victim claimed that the client raped her while she was intoxicated, various pieces of evidence show that the victim was not intoxicated.
The driver of the taxi that the client and the victim took to the client's house stated that the victim and the client were leaning on each other and appeared to be on intimate terms, and that there was no sign of any coercion.
In addition, the victim's messages asking to meet the client contained no typos at all.
It appears that the victim, upset because the client loudly demanded that she leave his house, reported a false allegation.
The victim's act of filing a complaint against the client for nonconsensual rape, even though the intercourse had been consensual, simply because she was upset by his conduct afterward, would constitute false accusation.
4. The Disposition Achieved by the Jeju Sexual Assault Attorney
After hearing the arguments of the Jeju sexual assault attorney, the police issued a no-referral decision for the client.
The decision was that there were no grounds for a charge of rape against the client. Because of the Jeju sexual assault attorney's defense, the client cleared the charge and was able to have the case closed at the police stage.
As in this case, a person may end up undergoing a police investigation due to a false accusation. If one fails to prove the absence of the charge, one may be unjustly punished.
If you are in a situation like the client of the Jeju sexual assault attorney, please entrust your case to us.
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.
