CONTENTS
- 1. How the Client Came to Be Subject to a Rape Complaint
- - The Client Who Requested Assistance After Being Subject to a Rape Complaint
- 2. Statutes Related to a Rape Complaint
- - Mitigating Factors for Rape
- 3. Assistance Provided for the Rape Complaint
- - Argument 1 for Defending Against the Rape Complaint | Confession and Genuine Remorse
- - Argument 2 for Defending Against the Rape Complaint | Amicable Settlement
- - Argument 3 for Defending Against the Rape Complaint | Efforts to Prevent Reoffending
- 4. Result of the Rape Complaint Assistance, “Non-Prosecution”
- - What if You Are Subject to a Rape Complaint?
1. How the Client Came to Be Subject to a Rape Complaint
The client believed that he had sexual intercourse by consent with a woman he met through an app, but he was subject to a rape complaint and urgently came to the firm to request assistance.
The Client Who Requested Assistance After Being Subject to a Rape Complaint
The account of the client who requested assistance after being subject to a rape complaint is as follows.
On the day of the incident, the client first came to know A through a dating application.
The two then met in person, watched a movie, and afterward had drinks.
While intoxicated, the client and A moved to a motel, had sexual intercourse, and fell asleep.
However, A claimed that she had been forced into sexual intercourse despite clearly expressing her refusal.
A then visited the police station and submitted a complaint, claiming that she had been raped by the client.
In this situation, the client visited Daeryun Law Firm and requested a consultation to find a way to defend against the rape complaint.
2. Statutes Related to a Rape Complaint
Rape is an offense committed when a person has sexual intercourse with another by unlawful means such as violence or intimidation.
This is punishable under Article 297 of the Criminal Act, and a person who commits rape may be sentenced to imprisonment for a definite term of at least three years.
In addition, if the charge is recognized, security dispositions such as disclosure of personal information and an employment restriction order may be imposed along with the punishment.
Because, in sex offenses such as rape, the victim's statement serves as important evidence, responding quickly with the help of an attorney as soon as the incident occurs can be helpful.
Mitigating Factors for Rape
The Sentencing Commission determines sentencing for rape based on the following criteria.
Participation in the offense due to another person's coercion or threat
Substantial recovery of damage (including deposit)
Genuine remorse
No record of criminal punishment
3. Assistance Provided for the Rape Complaint
Daeryun's attorney closely identified the specific facts through a consultation with the client.
The attorney then gathered materials that could work favorably for the client and made the following arguments.
Argument 1 for Defending Against the Rape Complaint | Confession and Genuine Remorse
The client deeply regrets his wrongdoing and shows genuine remorse.
The attorney also emphasized that the client admitted the entire offense from the police investigation stage and actively cooperated with the investigation.
Argument 2 for Defending Against the Rape Complaint | Amicable Settlement
The client personally visited the complainant, offered a sincere apology, and paid the full settlement amount the complainant had requested.
As a result, the client reached an amicable settlement with the complainant, and the attorney emphasized that the complainant also no longer wanted the client to be punished.
Argument 3 for Defending Against the Rape Complaint | Efforts to Prevent Reoffending
The client feels deep guilt over this incident.
The attorney emphasized that, to ensure that the same thing does not happen again, the client completed education to prevent the reoffending of sex offenses and is actively working to correct his wrongful conduct.
4. Result of the Rape Complaint Assistance, “Non-Prosecution”
As a result of assisting the client who was subject to a rape complaint, the prosecution issued a non-prosecution decision on the client's charge.
Satisfied with the result, the client came to the firm and repeatedly expressed gratitude.
What if You Are Subject to a Rape Complaint?
The case above is one in which the client was subject to a rape complaint but, with the assistance of Daeryun's attorney, received a non-prosecution disposition and successfully defended against punishment.
As this shows, if you become involved in a sex offense case such as rape, receiving the help of an attorney can be helpful.
Daeryun Law Firm has many sex offense attorneys experienced in responding to sex offense cases, so it can quickly establish a strategy suited to the matter.
In addition, the firm operates offices nationwide and has a system in place to respond immediately even when a nearby police investigation or urgent response is needed, so thorough legal support is possible from immediately after an incident occurs.
If you are facing difficulty after being subject to a rape complaint in a situation such as the one above, please reach out to Daeryun Law Firm for a consultation at any time.
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.
