CONTENTS
- 1. Dating Sexual Violence | Case Background
- - The Client's Position
- - The Victim's Position
- - Settlement Handled on Behalf of the Client by an Attorney of Daeryun Law Firm
- 2. Dating Sexual Violence | Case Review
- - The Difference Between Blackout and Passing Out
- 3. Dating Sexual Violence | Substance of the Assistance
- 4. Dating Sexual Violence | Case Concluded With an Education-Conditional Suspension of Indictment
1. Dating Sexual Violence | Case Background
The client, charged with dating sexual violence, had been in a "talking" relationship with the victim that was developing from longtime friends into romantic partners.
On the day of the incident, the two stated that, after drinking together at the victim's home, they naturally lay side by side on the victim's bed and continued talking.
At the time, the victim was heavily intoxicated, and when the client moved closer, the victim actively attempted physical contact, such as placing the client's hand on parts of the victim's body.
The client therefore judged that the victim was implicitly consenting to physical contact and caressed the victim's body for about 30 minutes.
However, one week after the incident, the victim took issue with the situation at the time and filed a complaint against the client on charges of quasi-imitative rape.
Amid feelings of unfairness and bewilderment, the client requested help from a sexual violence attorney at Daeryun Law Firm.
The Client's Position
① The relationship with the victim was not a simple friendship but a budding romantic (“some”) relationship, with positive emotional exchanges on a regular basis
② The victim initiated contact first and did not express any refusal thereafter
③ All of the victim's reactions, including moans, hand gestures, and facial expressions, were positive and receptive
④ There was no coercion or intent to deceive
The Victim's Position
① Asserted that sexual contact took place while the complainant was intoxicated and unable to maintain clear consciousness
② The complainant's memory at the time was partially absent, and the complainant later recognized the situation as problematic upon recalling it
③ Filed the complaint for quasi-imitative rape after the fact because there was no consent to the physical contact
Settlement Handled on Behalf of the Client by an Attorney of Daeryun Law Firm
🔗Legal Consultation Reservation The client, who requested assistance from a Daeryun attorney through this page, expressed a wish to reach an amicable settlement with the victim.
In response, to prevent secondary harm and worsening of feelings arising from direct contact with the victim, the attorney carried out the settlement procedure on the client's behalf.
▷ Delivering a courteous and sincere letter of apology to the victim on the client's behalf
▷ Adjusting the amount in consideration of the victim's situation by paying the 10 million won settlement amount in a lump sum without installments
▷ Preparing and submitting the settlement agreement
As a result of carrying out the settlement on the client's behalf in this manner, the victim prepared a settlement agreement.
2. Dating Sexual Violence | Case Review
After identifying the key issues in the dating sexual-violence case, we established a strategy to provide a diligent defense.
Issue | Content |
Whether there was implied consent | The victim initiated the physical contact first and afterward also showed active responses → The victim's conduct may be interpreted as implied consent or an intent to accept |
Whether there was a state of inability to resist | The victim was somewhat intoxicated from drinking but was able to converse → This was closer to a 'blackout' than a 'passing out' state, so the capacity for judgment existed |
Whether there was intent | The client merely misunderstood the victim's responses and had no intent to compel → Emphasized that, on the basis of the victim's responses, the client believed there was consent |
Settlement reached | A settlement with the victim was reached at the last moment |
The Difference Between Blackout and Passing Out
The following sets out the distinctions drawn in the holding of the Supreme Court precedent (Judgment 2018Do7190) analyzing the difference between blackout and passing out.
Blackout | Passing out |
A state in which the person was conscious at the time of the conduct due to drinking or other causes, but the memory of it later disappeared | A state in which there is no consciousness itself from that time due to the influence of drinking, drugs, or the like |
Capable of cognition, judgment, and decision-making | In an unresponsive state, incapable of cognition and judgment |
Because it is difficult to regard it as a state of inability to resist, it is judged primarily on the basis of consent | A state of inability to resist may be recognized The requirements for quasi-rape / quasi-imitative rape may be met |
Blackout is a state of memory loss, and the person is regarded as having had judgment at the time | Passing out is a state of loss of consciousness itself, in which the person is unable to exercise sexual self-determination |
Ultimately, the fact that the victim actively placed a hand or made requests and did not particularly refuse when the client touched or caressed the victim's genital area and chest area could support a finding that the victim was not in a state of mental incapacity or inability to resist.
3. Dating Sexual Violence | Substance of the Assistance
To resolve the dating sexual violence case, the attorneys at Daeryun Law Firm provided the following assistance.
Assistance | Content |
Argument on the facts | Argument as to the victim's active physical contact and conduct |
Analysis of Supreme Court precedent 2018Do7190 | Supporting the position by distinguishing blackout from passing out |
Whether a settlement was reached | Delivering a courteous letter of apology in lieu of a letter of reflection |
In particular, the attorney strongly argued that, although an amicable settlement was reached with the victim, this did not mean acknowledging all of the quasi-imitative rape charges.
4. Dating Sexual Violence | Case Concluded With an Education-Conditional Suspension of Indictment
The dating sexual violence case was ultimately concluded at the prosecutorial investigation stage with a suspension of indictment conditional on completion of an educational program.
This case involved the account of a client who was placed in difficulty after being accused of quasi-imitative rape, which may constitute 🔗quasi-rape.
If, like the client in this case, you judged that the other party had consented and engaged in intimate physical contact, and were then mistakenly suspected of 🔗imitative rape, you should promptly seek out a Daeryun attorney.
Daeryun LLC has a response framework in place in which sexual violence specialized attorneys work to resolve the client's case.
Rather than hesitating, you may seek a legal consultation.
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.
