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Deals & Cases

Rape

Gwangju Sexual Offense Attorney | Obtaining a Non-Referral Decision on a Wrongful Rape Charge

The Gwangju sexual offense attorney represented a client saying that the client was wrongfully accused of rape. Through the attorney's representation, a non-referral decision was obtained.

CONTENTS
  • 1. The Client's Situation
  • 2. Requirements for the Crime of Rape Examined by the Gwangju Sexual Offense Attorney
    • - The Level of Punishment for the Crime of Rape Examined by the Gwangju Sexual Offense Attorney
  • 3. The Defense Undertaken by the Gwangju Sexual Offense Attorney
    • - Gwangju Sexual Offense Attorney: “The Client Did Not Commit Violence or Intimidation Against the Complainant”
    • - Gwangju Sexual Offense Attorney: “The Client Had No Intent to Commit Rape”
  • 4. The Result Led by the Gwangju Sexual Offense Attorney

1. The Client's Situation

This is the account of the client.

The client requested assistance in clearing the charge, explaining that the client was wrongfully accused of rape. The details of the case that the attorney reviewed were as follows.

The client explained that, on the day of the incident, they went on a trip with a close friend, the friend's girlfriend, and A, an acquaintance of the friend's girlfriend.

The client explained that, after enjoying the trip, the group gathered in the living room of the pension at night and drank together. While drinking, they also played drinking games, and the client and A exchanged remarks that seemed to suggest a mutual attraction.

Afterward, the client's friend and the friend's girlfriend went into a room, saying they would sleep first.

When the client told A that the client would sleep in the living room and that A could go into the remaining room to sleep, A suggested that they sleep together in the room.

The client had no reason to decline the suggestion, and they lay down together in bed and naturally had sexual intercourse, as any man and woman might.

As soon as the sexual intercourse ended, A changed completely and threatened the client, saying that the client had raped A and that A would report it. A stated that A would not report it if given settlement money.

Dumbfounded, the client became angry, asking why it was rape when the sexual intercourse had been consensual, and A reported the client to the police on the spot, which led to this case.

2. Requirements for the Crime of Rape Examined by the Gwangju Sexual Offense Attorney

Gwangju Sexual Offense Attorney

The client explained that they had been reported for 🔗rape. Rape refers to the crime of having sexual intercourse with a person by means of violence or intimidation.

Accordingly, for rape to be committed, the exercise of physical force by violence or intimidation must accompany the act, and in addition there must be the intent to commit rape for the offense to be established.

The Level of Punishment for the Crime of Rape Examined by the Gwangju Sexual Offense Attorney

The crime of rape with which the client is charged is punished at the level set out below under the Criminal Act.

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.

As such, the crime of rape carries no fine, and no upper limit on the term of imprisonment is prescribed.

The Sentencing Commission sets a basic sentencing range of imprisonment of not less than two years and six months and not more than five years for the crime of rape.

3. The Defense Undertaken by the Gwangju Sexual Offense Attorney

The Gwangju sexual offense attorney conducted the defense for the client as follows.

Gwangju Sexual Offense Attorney: “The Client Did Not Commit Violence or Intimidation Against the Complainant”

The attorney emphasized that the client did not commit violence or intimidation against the complainant.

The client went into the room at A's suggestion, and A never once resisted or stopped the physical contact or the sexual intercourse with the client.

If A had truly been raped by the client, A would have asked for help from the acquaintance in the same space, but during the witness examination the acquaintance stated that the acquaintance had heard no sound at all.

Gwangju Sexual Offense Attorney: “The Client Had No Intent to Commit Rape”

The attorney emphasized that the client had no intent to commit rape.

If the client had held the intent to commit rape, the client would have paid or negotiated the amount when A demanded settlement money after the sexual intercourse ended, but because there was no rape at all, the client did not actively prevent the report.

The client had no reason to take the risk of punishment and rape A.

4. The Result Led by the Gwangju Sexual Offense Attorney

After hearing the attorney, the investigative authorities issued a non-referral decision, finding that there was no charge against the client due to insufficient evidence.

The client had been at risk of being wrongfully branded with the charge of rape through A's false accusation and of being sentenced to imprisonment for a definite term of not less than three years.

With the attorney's assistance, the client was able to escape that danger.

If you, like the client in this case, are in a situation where you risk having to live branded as a sexual offender through a false accusation, please request a consultation through a 🔗attorney referral.

광주성범죄전문변호사 | 억울한 강간 혐의 불송치 결정 이끌어

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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