CONTENTS
- 1. The Client Who Came to a Quasi-Rape Attorney
- - How the Case Arose
- 2. What Quasi-Imitative Rape Is, Explained by a Quasi-Rape Attorney
- - Sentencing Levels
- - If You Wish to File a Criminal Complaint?
- 3. Assistance Provided by the Quasi-Rape Attorney
- - The Credibility of the Statement
- - The Defendant's Attitude
- - Circumstances of the Delayed Complaint
- 4. Result of the Quasi-Rape Attorney's Assistance: ‘Imprisonment for the Perpetrator’
- - If You Need the Assistance of a Specialist Attorney?
1. The Client Who Came to a Quasi-Rape Attorney
The client, who came to a quasi-rape attorney, wished for severe punishment of the offender, and through the assistance of the quasi-rape attorney, a sentence of imprisonment was ultimately imposed.
How the Case Arose
The client went on a one-night, two-day domestic trip with seniors and juniors from a club.
After the trip, the client, having been drinking, was waiting for the first bus to return home.
In the meantime, A, a senior member of the club, committed an act of imitative rape against the client while the client was asleep.
At first, the client resolved not to file a complaint for fear that rumors would spread, but A learned of this and spread unfavorable rumors about the client.
Angered by this, the client resolved to file a complaint one year after the incident, and because a considerable amount of time had passed, the client requested the assistance of a quasi-rape attorney to respond to the case.
2. What Quasi-Imitative Rape Is, Explained by a Quasi-Rape Attorney
Quasi-imitative rape refers to a case in which an act of imitative rape is committed by taking advantage of a situation in which the victim has fallen into a state of mental or physical incapacity or inability to resist, such as having fallen asleep or lost consciousness due to intoxication.
Here, imitative rape means an act similar to sexual intercourse committed using a part of the body other than the genitals or an object, without using the genitals.
In short, even where a state of inability to resist was not created through assault or intimidation, if the act was carried out by taking advantage of the fact that the victim was already in a state in which they could not resist, the offense of quasi-imitative rape is established
Sentencing Levels
A person who commits quasi-imitative rape is punished under Article 297-2 of the Criminal Act.
Punishment for quasi-imitative rape
| Article 297-2 (Imitative Rape) | Imprisonment for a definite term of at least two years |
If You Wish to File a Criminal Complaint?
A victim of a sexual offense may report the matter to an investigative agency, requesting that the perpetrator be punished.
A criminal complaint is made either orally to the police or the prosecution, or by submitting a written complaint.
3. Assistance Provided by the Quasi-Rape Attorney
After conducting a consultation with the client, the quasi-rape specialist attorney secured the relevant evidentiary materials and made the following arguments.
The Credibility of the Statement
The client stated that, after drinking and falling asleep, she awoke with a strange sensation, and subsequently confirmed through A's statement that an act of imitative rape had occurred.
In this way, the client had given a concrete and consistent account of the core part of the harm from the early stages of the case.
The quasi-rape attorney emphasized the credibility of the statement on the basis that the client described in detail even the conduct and sensations at the time of the incident that only a victim could know.
The Defendant's Attitude
The client consulted with acquaintances about how to respond to this matter and then recommended that A withdraw from the club, but A refused.
The attorney specializing in quasi-rape cases therefore emphasized that, although A could have taken comparatively easy measures, A took no measures at all without giving any consideration to the client's situation.
Circumstances of the Delayed Complaint
The client ultimately gave up on filing a complaint, fearing that the harm she had suffered would become known if she did so.
However, once the client let the matter pass without bringing it to light, A instead began spreading malicious rumors about her.
The client emphasized that, angered by A's brazen attitude, she resolved to file a complaint so as to reveal the truth and ensure that he received appropriate punishment.
4. Result of the Quasi-Rape Attorney's Assistance: ‘Imprisonment for the Perpetrator’
The court, accepting the argument of the quasi-rape attorney, sentenced the perpetrator to imprisonment.
Although the client filed the complaint belatedly after the incident occurred, they expressed gratitude when, with the help of the quasi-rape attorney, the perpetrator came to face a severe penalty.
If You Need the Assistance of a Specialist Attorney?
The case above is one in which, by representing the victim of quasi-imitative rape, responding thoroughly from the early stage of the case, and carefully securing the credibility of the statement and pursuing the legal procedures, the perpetrator was sentenced to imprisonment.
In a sexual offense case, the early response and the securing of statements may have a decisive effect on the outcome of the case.
It is therefore important to proceed with a prompt and systematic response through the assistance of a specialist attorney immediately after the case arises.
Law Firm Daeryun includes many specialist attorneys with extensive experience in sexual offense cases, which makes a strategic response suited to the circumstances of the case possible through consultation with the client.
If you need the assistance of a quasi-rape specialist attorney in a situation such as the one above, please feel free to request assistance through 🔗scheduling 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.
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