Quasi-Rape Attorney | Case Concluded With Non-Referral by Assisting a Client Facing a Wrongful Quasi-Rape Charge

Quasi-rape means having sexual intercourse with or committing an indecent act against a person by taking advantage of that person's state of loss of mind or inability to resist.

Where a person has sexual relations by taking advantage of a moment when the other party is unconscious due to intoxication or drugs, or is in a state unable to resist, quasi-rape may be established even without violence or intimidation.

In practice, quasi-rape cases mainly arise in the following situations.

-Where sexual relations were had with the other party after that party lost consciousness following excessive drinking

-Where the act took place while the other party was unconscious due to drugs such as sleeping pills or narcotics

-Where the victim, even if having partially regained consciousness, claims to have lacked sufficient capacity for judgment

-Where, after the fact, the victim claims not to remember and files a complaint

In such matters, proof of the circumstances at the time of the incident is often difficult, so indirect evidence such as the credibility of statements, CCTV, witness statements, and message records plays a very important role.

If a quasi-rape charge is recognized, imprisonment for not less than 3 years is imposed, with no option of a fine.

The Act on the Protection of Children and Youth against Sexual Abuse is a law enacted to protect children and youth from sex offenses and to punish acts of privately using or commercially exploiting their sexuality.

For a person under 13 (13 or older but under 16 if the offender is 19 or older) among children and youth, sexual intercourse or an indecent act carries a higher level of punishment and is not subject to a statute of limitations, among other features, being punished more severely than ordinary sex offenses.

Under the Act on the Protection of Children and Youth against Sexual Abuse, a minor under the age of 19 is a person subject to protection.

On the day of the incident, the client and the complainant drank and played games together with a number of companions.

During the game, the complainant first expressed her intent, and the sexual relations also took place in a natural flow between the two.

The attorney in charge argued, together with the statements of those nearby, that there had been no coercion whatsoever given the atmosphere, such as the fact that they had asked the companions for their understanding before moving to the restroom.

The attorney in charge then secured the messages sent by the complainant's group to the client and submitted as evidence the content threatening, "The complainant is actually a minor and you have committed an illegal act, so pay 5 million won."

The following is part of the content of the threatening messages submitted by the attorney in charge.

-If you just give the money, I will let it go quietly. If I were you, I would give 500 and just settle
-Do you want to be known to the people around you as a rapist?
-It looks like you are going to end up wearing an electronic anklet

In addition, the complainant is asserting that he was a minor of 18 years of age, applying even greater psychological pressure and intimidation.

The handling attorney emphasized that the complainant had intentionally misrepresented his age and that the client could not have known the complainant was a minor.

In fact, the complainant introduced himself as an adult and presented a mobile ID and similar documents when entering the lodging establishment, so the client could not have suspected at all that the complainant was a minor.

Owing to its nature, a sexual offense can cause critical harm to the reputation and social life of the suspect.

In particular, quasi-rape charges often proceed to investigation and indictment based on the victim's statement alone, so the initial response is very important.

If you have been the subject of a wrongful complaint, you must keep the following in mind.