Incheon Sexual Assault Attorney Case | Incheon Attorney, Quasi-Rape Sexual Assault Client Not Booked

The Incheon sexual assault attorney explained that quasi-rape is a type of sexual assault crime and is an offense committed when a person has sexual intercourse with another by taking advantage of that person's state of loss of mental capacity or inability to resist.

In other words, it applies when a person commits a sex crime after intoxicating the victim with alcohol, drugs, or the like.

When a person goes beyond the level of being heavily intoxicated and losing memory and becomes entirely incapacitated, that person is regarded as lacking sexual freedom, that is, as unable to refuse unwanted sexual relations, and is recognized as being in a state of loss of mental capacity.

If a charge such as quasi-rape or 🔗quasi-indecent act by compulsion is recognized, the person is subject to the same punishment as the sentencing range for rape and indecent act by compulsion.

Quasi-rape is punishable by imprisonment for a definite term of at least three years, and in this case attempts are also punished.

In particular, the Sentencing Commission recommends, as a baseline, imprisonment of at least two years and six months and up to five years for quasi-rape cases involving adults, so if you face such a sexual assault charge, it is recommended to retain an attorney promptly.

A 🔗sexual assault crime such as quasi-rape, by its nature, takes place in an enclosed private space, so the victim's statement may become the only evidence, which can make it difficult to be cleared of the charge.

Therefore, if you have wrongly been placed in the position of an accused person, it is important to consistently state that there was no inappropriate contact whatsoever.

The investigator looking into quasi-rape strictly examines matters such as the victim's gait and manner of speech in order to confirm the victim's state of being unable to resist.

To prove that the other party was not in a state of loss of mental capacity, it is recommended to establish this through evidence such as CCTV or call records, for example, showing her walking properly to the lodging or speaking clearly on the phone.

First, the client's physical condition was important.

The client had been in poor health for a long time due to a herniated disc, liver cirrhosis, and other conditions.

On the day of the incident, he had drunk a great deal and was in poor condition, and above all, he was not in a physical state capable of sexual relations.

The Incheon sexual assault attorney attached records of the client's hospital visits from before the date of the incident, a medical certificate, photographs of the surgical site, and similar materials.

Because the client had met the other party at a gathering of acquaintances, and they were not in a romantic relationship, he felt very uncomfortable about going alone with her into an enclosed space.

For this reason, the third venue was a spacious bar, and the drinking continued because the other party appeared sober enough to go up alone onto the bar's stage and sing.

The Incheon sexual assault attorney obtained the bar's CCTV showing video of the other party singing and submitted it, proving that, before parting from the client, the other party was not so heavily intoxicated as to be unable to resist.

The time during which the client and the other party were in the same room was less than 20 minutes.

That is absurdly insufficient time for there to have been a process of sexually assaulting the other party and then dressing her again.

In addition, on the day of the incident, the other party visited a Sunflower Center to check whether sexual assault had taken place, but because the client had not engaged in any kind of sexual contact, no particular test result could be produced, including DNA.

The Incheon sexual assault attorney therefore reviewed the 112 report case handling record and argued that the other party had not even made a specific statement that there had been sexual contact.