CONTENTS
- 1. A Client Who Requested Help From the Sex Crime Specialist Attorney
- - A Client Accused of Attempted Rape
- 2. Attempted Rape Explained by the Sex Crime Specialist Attorney
- - What Is the Level of Punishment for Attempted Rape?
- 3. The Sex Crime Specialist Attorney's Assistance
- - Attempted Rape Response Strategy 1: Securing Evidence Through Digital Forensics
- - Attempted Rape Response Strategy 2: No Attempt at Rape by the Client
- - Attempted Rape Response Strategy 3: The Relationship Continued Even After the Incident
- 4. Result of the Sex Crime Specialist Attorney's Assistance: “Non-Referral”
- - If You Are Charged With Attempted Rape
1. A Client Who Requested Help From the Sex Crime Specialist Attorney
The client who sought a sex crimes specialist attorney wished to obtain legal assistance after being reported by a former partner on an allegation of attempted rape, and received a non-referral decision with the attorney's help.
A Client Accused of Attempted Rape
This is the story of a client who came to a sex crime attorney.
The client had a former girlfriend with whom he had been in a relationship for three years.
Only now, more than a year after the breakup, the other party reported the client to the police on a charge of attempted rape.
The other party claimed that the client had tried to force sexual relations during a trip they had taken while they were dating.
However, this was not true, and the client, who felt this was unjust, came to a sex crime attorney to request legal assistance.
2. Attempted Rape Explained by the Sex Crime Specialist Attorney
The charge against the client who came to the sex crime specialist attorney was attempted rape.
Attempted rape is established when a person attempts to rape another by means of assault or intimidation but fails to complete the act.
The level of punishment is applied identically to that for 🔗rape (sexual assault), so it is important to examine in detail whether the criminal charge is established.
If the offense was committed together with intrusion upon habitation, special theft, special robbery, or rape of a minor under 13, the level of punishment is even heavier under the Act on Special Cases concerning the Punishment of Sexual Crimes, so caution is required.
Representative examples of sexual violence under the Act on Special Cases concerning the Punishment of Sexual Crimes
▶ Rape by a relative and its attempt
▶ Rape of a person with disability and its attempt
▶ The crime of rape, etc. causing injury and its attempt
▶ The crime of rape, etc. causing death and its attempt
▶ The crime of indecent act by abuse of authority
What Is the Level of Punishment for Attempted Rape?
If the suspicion of sexual assault is established, even an attempted offender will be punished under the Criminal Act.
A person who rapes another through violence or intimidation shall be punished by imprisonment for a definite term of not less than three years.
An attempt of the offense under Article 297 (Rape)… shall be punished.
3. The Sex Crime Specialist Attorney's Assistance
The sex crime specialist attorney examined the client's charge in detail and, in cooperation with a digital forensics expert, collected evidence and then prepared a defense.
Attempted Rape Response Strategy 1: Securing Evidence Through Digital Forensics
As a result of conducting digital forensics on the client's mobile phone, materials such as conversations, photographs, and videos exchanged with the other party a year earlier could be secured.
According to the digital forensics materials, it could be inferred that the other party had also consented to sexual relations with the client at first.
The sex crime attorney submitted these materials as evidence and emphasized that the other party had no intention of refusal at the outset on the day of the incident.
Attempted Rape Response Strategy 2: No Attempt at Rape by the Client
On the day of the incident in which the other party claims to have suffered harm, the client attempted sexual intercourse but stopped immediately when the other party refused.
On the day of the incident, the client had no intent to attempt sexual intercourse by force, nor did he commit such an act.
The sexual crimes attorney argued that, because the client did not even attempt rape, the charge was not established.
Attempted Rape Response Strategy 3: The Relationship Continued Even After the Incident
The client continued the romantic relationship with the other party for several months or more even after the period during which the other party claimed to have suffered harm.
Digital forensics materials that could prove this had also been secured.
The sex crimes attorney submitted such materials as evidence and emphasized that, because the relationship continued even after the incident, the basis for the allegation was thin.
4. Result of the Sex Crime Specialist Attorney's Assistance: “Non-Referral”
The police, who accepted the sex crimes specialist attorney's arguments, issued a non-referral decision, stating that it was difficult to establish the client's criminal suspicion.
If You Are Charged With Attempted Rape
This was a case in which a client who was reported by a former partner for a sex crime received a non-referral decision with the help of a sex crimes specialist attorney.
When involved in a sex crime case, rather than simply denying the allegation, it is important to respond appropriately from the early stages through a careful assessment of the situation and the securing of evidence suited to it.
At Daeryun LLC, we provide comprehensive assistance that includes not only the careful preparation of a defense but also the collection of evidence through cooperation with digital forensics experts.
If you are troubled by a similar issue, we hope you will seek help at any time through a 🔗legal consultation reservation.
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.
