CONTENTS
- 1. Client Who Sought Assistance from the Sexual Assault Attorney
- - What Is Sexual Assault?
- 2. Sexual Assault Attorney: Assistance Toward a Judgment of Not Guilty on the Sexual Assault Charge
- - Sexual Assault Defense Strategy: Collaboration with the Evidence Investigation Center
- - Sexual Assault Acquittal Strategy: Argument on the Circumstances of Contact After the Complaint
- 3. Result of the Sexual Assault Attorney's Assistance: Judgment of Not Guilty on the Sexual Assault Charge
1. Client Who Sought Assistance from the Sexual Assault Attorney
This is the case of a client who requested assistance from a sexual assault attorney.
While having several private meetings with the complainant, whom he had come to know through an acquaintance, the client was suddenly subjected to a complaint on a charge of rape and was at risk of criminal punishment.
The complainant asserted that, "although we expressed mutual interest and had drinks together several times, we were not in a relationship, and on the day of the incident I was suddenly subjected to sexual assault."
The client, however, asserted that, "we had sexual relations by mutual prior agreement, and afterward we continued to stay in contact, exchanging everyday conversation."
If the sexual assault charge were found guilty, the client could face not only criminal punishment but also the destruction of his entire social and economic life.
The client requested assistance from the sexual assault attorney at Daeryun LLC, where specialist attorneys with experience in numerous sexual offense and other cases provide a dedicated task force response solely for the client.
What Is Sexual Assault?
🔗Sexual assault The crime of rape refers to the act of forcibly having sexual intercourse with a victim by means of assault or intimidation.
Let us examine the level of punishment for rape.
| Rape and attempted rape | Imprisonment for a definite term of at least 3 years, with attempts also punishable |
| Imitative rape and attempted imitative rape | Imprisonment for a definite term of at least 2 years, with attempts also punishable |
| Rape causing injury and the like | Life imprisonment or imprisonment for at least 5 years |
The sentencing factors for rape are as follows.
-Voluntary surrender
-The victim's wish not to punish
-Sincere reflection
-No record of criminal punishment
-Substantial recovery of damages
The Supreme Court reaffirmed its established position that, even if it remains an attempt, the crime of rape causing injury is established if the victim was injured in the course of it.
This is a determination that, even if the crime was not completed, where the serious result of injury occurred, punishing it as the consummated form of a result-aggravated crime conforms to the principle of responsibility.
2. Sexual Assault Attorney: Assistance Toward a Judgment of Not Guilty on the Sexual Assault Charge
The sexual assault attorney set out to establish a defense strategy to obtain an acquittal on the rape charge.
Sexual Assault Defense Strategy: Collaboration with the Evidence Investigation Center
The sexual assault attorney collaborated with the firm's evidence investigation center to collect evidence aimed at securing an acquittal on the rape charge.
🔗The evidence investigation center and the attorney in charge first secured the entire history of the messenger conversations exchanged with the complainant from the evening of the day the client claims they had relations until the next day.
In those conversations, the complainant had used many favorable expressions, such as “I felt a bit drained today, but it was still an enjoyable time” and “Next time you can be a little more at ease.”
The conversations also included content in which the complainant proposed a next meeting or arranged a subsequent meal.
Using the text messages as evidence, the attorney emphasized that the ‘one-sided coercion’ claimed by the complainant differed from the facts.
The sexual assault attorney also, together with the evidence investigation center, secured and analyzed CCTV footage from inside the buildings, including the hotel the client and the complainant entered together, a nearby restaurant, and the hallway.
That footage confirmed scenes of the complainant linking arms with the client and naturally smiling and conversing, and the entrance CCTV also captured the complainant voluntarily boarding the elevator and entering the room together.
This was submitted as key material arguing that there was no coercion between the two for the purpose of an acquittal in the sexual assault case.
Sexual Assault Acquittal Strategy: Argument on the Circumstances of Contact After the Complaint
The sexual assault attorney argued that the client and the complainant had continued to keep ordinary contact even after the incident.
The main text messages sent by the complainant are as follows.
-You worked hard, I have been thinking about that day a lot
The sexual assault attorney pointed out the content of the text messages, which could not be thought of as something sent by a sexual assault victim.
3. Result of the Sexual Assault Attorney's Assistance: Judgment of Not Guilty on the Sexual Assault Charge
Through the assistance of the sexual assault defense attorney, the court rendered an acquittal in a rape case against the client.
In rape and other sexual violence cases, the victim’s statement is often central, and where the initial response is handled poorly, the charge is in many cases exaggerated or distorted and leads to indictment.
However, as in this case, when various circumstantial materials such as text messages, video, and the subsequent relationship are actively collected and interpreted, a wrongful false charge can be cleared.
In particular, in cases where sexual intercourse itself occurred but consent is the issue, a strategic response based on the specific facts is more important than anything else.
If a case has proceeded as far as indictment, there is a high possibility that it is supported by considerable evidence and statements, so it is not easy to obtain an acquittal.
Through thorough evidence analysis and a strategic courtroom response, Daeryun Law Firm obtained an acquittal for the client in a case that nearly resulted in serious criminal liability.
Daeryun provides the following legal services through collaboration among 🔗sexual crime attorneys, 🔗criminal attorneys, and the Evidence Investigation Center.
▲Early response in the investigation
▲Preparation of the suspect’s statement
▲Evidence analysis and establishment of a response strategy
If you have become involved in a wrongful rape charge, please seek out the sexual assault defense attorney of the nearest Daeryun Law Firm.
With an emergency consultation system available 24 hours a day, 365 days a year, we will provide fast and prompt legal assistance at the moment you need help.
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Why was the client accused of sexual crimes able to be acquitted?
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