CONTENTS
- 1. Public Official Sexual Assault | Case Background
- - Extortion by the Boyfriend of the Public Official Sexual Assault Complainant
- - Conducting Digital Forensics
- 2. Public Official Sexual Assault | Case Analysis
- - What Is the Key Point of the Public Official Sexual Assault Case?
- 3. Public Official Sexual Assault | Details of the Argument
- 4. Public Official Sexual Assault | Concluded With Non-Referral for No Charge
1. Public Official Sexual Assault | Case Background
The public official sexual assault case was one in which the client was reported to the police on a charge of having raped the victim (a fellow teacher).
The client asserted that at the time of the incident the sexual relations were consensual and that the victim had first suggested going to his home.
In particular, he stated that the victim had first taken the lead in flirting and physical contact, and that the client naturally thought they had mutual feelings for each other.
However, immediately after the sexual relations, the victim's boyfriend raided the scene right after the incident, recorded a video together with another man, and then attempted extortion by threatening to report it to the school.
When the threats did not work, the matter was ultimately reported to the police, and the case came to light.
During the police investigation, the client wholly denied the victim's claims and denied the charge against him.
Extortion by the Boyfriend of the Public Official Sexual Assault Complainant
However, the suspicious point in this case was that the victim's boyfriend rushed in immediately after the sexual relations and filmed a video together with another man.
They attempted extortion by threatening to report the incident to the school, but when the client did not comply, they ended up reporting the matter to the police.
The police conducted the investigation based on the victim's statement, but the attorney at Daeryun Law Firm sought to prove the client's innocence through 🔗digital forensics and other means.
Conducting Digital Forensics
The client was in the habit of routinely deleting the messenger records on his mobile phone.
As a result, he was in a situation where it was difficult to submit the affectionate KakaoTalk records or messenger evidence between him and the victim.
Because a sexual offense case can be punished based on the victim's statement alone, securing strong evidence capable of rebutting it is critically important.
The Daeryun attorney who handled the case sought to resolve it in cooperation with a digital forensics expert.
▷ Identifying the relationship before and after the incident through analysis of call records and messenger records
▷ Analysis of the relationship between the victim and the client and their relationships with surrounding persons
▷ Use as rebuttal material after discovering meaningful evidence
If you are unfairly undergoing a 🔗police investigation due to a false accusation, please obtain an attorney's help from the early stages of the case through a 🔗legal consultation appointment.
2. Public Official Sexual Assault | Case Analysis
The Daeryun Law Firm attorney who analyzed the public official sexual assault case sought to identify the issues in this case and clear the client of the charge.
What Is the Key Point of the Public Official Sexual Assault Case?
It was found that the conversation between the client and the victim contained no sexual demands or coercive content at all.
Through this, the messenger records and call logs made it possible to prove that the sexual assault claimed by the victim differed from the facts.
The victim's boyfriend and companions rushed to the client's home immediately after the sexual relations, filmed video, and used it as leverage to threaten the client and demand settlement money.
Because, in light of the circumstances, this occurred immediately after the sexual relations, it appeared to be a planned extortion, and there were clear facts casting doubt on the credibility of the case.
Using digital forensic techniques to recover the messenger conversation between the victim and the client, the conversation records before and after the incident were used as important evidence denying the alleged rape and other charges.
(Such as messenger content exchanged intimately after the relations and content arranging a next meeting)
3. Public Official Sexual Assault | Details of the Argument
The attorney at Daeryun Law Firm who handled the public official sexual assault case sought to prove the client's innocence by presenting the following arguments.
▷ Statement that the victim first led the way to the house and continued physical contact and expressions of affection
▷ Confirming an intimate relationship between the two from part of the messages recovered through digital forensics
▷ Emphasizing the circumstance that the victim did not express any displeasure or rejection even after the sexual relations
▷ Immediately after the sexual relations, the victim's boyfriend and an acquaintance rushed into the client's house and secretly filmed a video
▷ The fact that they demanded settlement money while threatening to report the matter to the workplace (school) weakens the seriousness of the matter as a rape case
▷ This is circumstantial evidence showing the possibility of a premeditated false accusation and extortion
▷ Some of the content differed between the victim's early investigative statement and later statements
▷ The victim repeatedly gave contradictory explanations about the circumstances of the sexual relations and the situation at the scene
4. Public Official Sexual Assault | Concluded With Non-Referral for No Charge
The client who underwent a police investigation in a public official sexual assault case had had consensual sexual relations with a fellow teacher and 🔗punishment for rape faced the risk of being punished, an unjust position.
In the end, through the Daeryun Law Firm attorney, the client proved the client's innocence based on a thorough legal response and digital forensic data.
As the victim's statements were found to have low credibility, and circumstances of extortion by a boyfriend and a third party were also confirmed, the investigative agency rendered a 'no suspicion of crime' decision on the rape charge, and the case received a non-referral decision as no charge.
In the end, the client was able to conclude the case without criminal punishment while preserving the client's honor as a public official.
As with the client in this case, when a person is unjustly booked on a sex crime charge, an early response is more important than anything in order to bring out the truth.
In particular, if a public official becomes embroiled in a sexual misconduct case, the person may face not only criminal punishment but also severe disciplinary action such as removal or dismissal, so a thorough response is necessary.
A prompt and strategic response with the assistance of a Daeryun Law Firm attorney can help prevent unjust punishment, so we hope you will promptly obtain a 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.
