CONTENTS
- 1. Client Charged With a Sexual Crime Against a Minor
- 2. Explanation of the Concept of Sexual Crime Against a Minor
- - Types of Sexual Crimes Related to Minors
- 3. Explanation of the Concept of the Crime of Statutory Rape of a Minor
- 4. Sexual Crime Attorney Who Took On the Sexual Crime Against a Minor Response
- - Organizing the Facts and Cooperating With the Investigation
- - Denial of the Exercise of Coercive Physical Force
- - Proceeding With a Settlement With the Victim's Side
- - Identifying Grounds for Mitigation
- 5. Result of the Sexual Crime Against a Minor Case
- - Response Points When the Charge of Statutory Rape of a Minor Is True
1. Client Charged With a Sexual Crime Against a Minor
This is the story of a client who sought assistance from this firm's sexual crime attorney, stating that he was facing charges related to a sexual crime against a minor.
The client was a university student and, on the day of the incident, was conversing with various people through a random chat application.
Among them was a woman who actively requested an in-person meeting with the client, and the client agreed, hoping to make a friend in the neighborhood.
The client met with the woman in person, and in the client's view, she appeared to be about the age of a high school student.
The woman told the client that she needed pocket money and asked whether he could provide financial support, and the client declined.
However, the woman continued to ask for pocket money and even said that she liked the client romantically and proposed dating.
The client, having almost no experience dating women, was unable to decline, and began a relationship, giving her pocket money and having sexual relations, among other things.
After continuing the relationship for several months, they broke up due to differences in personality. The woman was in fact a 12-year-old elementary school student, and the woman's guardian filed a criminal complaint against the client on charges of a sexual crime against a minor, namely statutory rape of a minor.
As a result, the client, facing the risk of an actual sentence as a person who committed a sexual crime against a minor, came to this firm.
2. Explanation of the Concept of Sexual Crime Against a Minor
A sexual crime against a minor refers to any act of sexual exploitation or violation committed against a child or youth under 19 years of age who, legally, does not have sufficient capacity to exercise the right to sexual self-determination.
Not only the Criminal Act (Penal Code) but also special acts, such as the Act on the Protection of Children and Youth against Sexual Abuse, which was enacted to specially protect children and youth, are applied together.
This is because minors are not yet physically and mentally mature, so it is difficult to recognize their sexual consent, and they can be easily dominated and controlled in relationships with adults.
Types of Sexual Crimes Related to Minors
The representative types of sexual crimes against minors are as follows.
1. Rape and Forcible Indecent Act
Rape or a forcible indecent act committed against a minor is classified as an act that violates physical freedom and the right to sexual self-determination, regardless of whether the victim consented.
In the case of children and youth, the capacity for sexual consent is not legally recognized, so even an argument that ‘there was consent’ is difficult to establish.
2. Child and Youth Prostitution
This refers to cases in which sexual acts are requested or provided to a minor in exchange for consideration, such as money, lodging, or food.
This includes not only cases in which an adult directly provides consideration to a child or youth, but also arranging, luring, and coercion.
In particular, even if the victim claims to have wanted it of their own accord, consent is not legally recognized, so it is regulated as a prostitution offense.
3. Production, Distribution, and Possession of Obscene Material
This applies to filming sexual acts in which a child or youth appears, or editing, synthesizing, or distributing such material.
Recently, the production of synthetic obscene material using Deepfake technology is also included, and mere possession or downloading alone may be recognized as a sexual crime.
The victim may suffer secondary harm for life, so it is regarded as a serious crime in social terms as well.
4. Online Grooming
This refers to the act of attempting sexual exploitation after forming a sense of intimacy through online chat, SNS, games, and the like.
The perpetrator gains the victim's trust through gifts and expressions of interest, and then carries out the offense by requesting explicit photos or videos or inducing an offline meeting.
3. Explanation of the Concept of the Crime of Statutory Rape of a Minor
The crime of statutory rape of a minor is an offense in which having sexual relations with a child is regarded as rape, regardless of whether the victim consented.
That is, a child's capacity for sexual self-determination is not legally recognized at all, so even if the victim consented, that consent is regarded as void.
Therefore, rape is established regardless of whether there was consent.
Under the Criminal Act (Penal Code), the crime of statutory rape of a minor is punishable by imprisonment for a definite term of at least three years.
4. Sexual Crime Attorney Who Took On the Sexual Crime Against a Minor Response
For the client charged with a sexual crime against a minor, namely statutory rape of a minor, the sexual crime attorney provided assistance as follows.
Organizing the Facts and Cooperating With the Investigation
From the early stage of the case, the sexual crime attorney explained the dangers of concealing or denying the facts, and advised the client not to make statements disadvantageous to himself before the investigative authorities.
At the same time, the attorney emphasized that acknowledging the offense and showing an attitude of sincere cooperation with the investigation could work favorably for future sentencing.
Denial of the Exercise of Coercive Physical Force
The sexual crime attorney emphasized that, although the client committed the offense of purchasing sex from a minor victim, in the course of doing so he did not coercively exercise direct physical force or make threats against the victim.
In particular, the attorney submitted part of the victim's statement record as evidence and actively pointed out that the victim, during the police investigation, stated that "the victim consented to the sexual relations of her own accord and had sexual relations."
Proceeding With a Settlement With the Victim's Side
In a statutory rape of a minor case, a settlement with the victim (including the legal representative) is an important factor in sentencing.
Considering the victim's mental shock and concerns about secondary harm, the attorney actively pursued a settlement, proposing practical measures for the recovery of the harm, such as support for medical expenses, consolation money, and psychological counseling.
In the end, the attorney was able to reach an amicable settlement with the victim's side and to submit the victim's intent not to seek punishment in the form of a settlement agreement and a statement of no desire for punishment.
Identifying Grounds for Mitigation
The sexual crime attorney emphasized that the client was a first-time offender, that the offense was not premeditated but occurred impulsively, and that the client was deeply remorseful after the incident.
In addition, the attorney submitted to the court the fact that the likelihood of reoffending was low, through completion of education to prevent the reoffending of sexual crimes and participation in psychological treatment.
5. Result of the Sexual Crime Against a Minor Case
As a result of the sexual crime attorney's response to the sexual crime against a minor case, the client received a suspended sentence from the court.
Although the client faced the risk of receiving an actual sentence due to the sexual crime against a minor, he was able to avoid an actual sentence because he promptly sought the assistance of the sexual crime attorney.
In the case of a sexual crime against a minor, not only is severe punishment imposed, but the charge in this case, the crime of statutory rape of a minor, carries a high level of prescribed punishment, so early response is very important.
If you are charged with statutory rape of a minor, please review the response strategy below to prepare your case strategy, and if you need help, please make a 🔗legal consultation reservation with this firm.
Response Points When the Charge of Statutory Rape of a Minor Is True
1. Acknowledgment of the Offense and a Cooperative Attitude During the Investigation
Statutory rape of a minor is an offense of strict liability, and arguments that the victim consented or that the offender did not know the victim's age are not accepted.
Therefore, if the facts are clear, it is important to acknowledge the offense and to cooperate sincerely with the investigation.
Investigative authorities take into account whether the offender shows remorse and cooperates as factors in their sentencing assessment.
2. Reaching a Settlement With the Victim and Securing an Expression of No Desire for Punishment
A settlement with the victim (and the legal representative) has a significant effect on the sentence.
Although an expression of no desire for punishment does not necessarily constitute a ground for reduction of sentence, the court may take the victim's forgiveness into account as a sentencing factor.
Therefore, the settlement process should be pursued promptly, and active efforts should be made toward the victim's recovery.
3. Emphasizing Remorse and Efforts to Prevent Reoffending
The degree of the defendant's remorse is a key factor considered by the court.
Materials that can demonstrate concrete efforts to prevent reoffending should be prepared, such as the submission of a letter of apology, completion of education on preventing sexual offense recidivism, and participation in psychological treatment.
4. Actively Presenting Grounds for Mitigation
Various mitigating circumstances may be presented to the court, including the suspect's age at the time of the offense, mental and psychological state, whether the offense was impulsive, and the presence or absence of a prior record.
In particular, emphasizing that the offender is a first-time offender and that the offense occurred without premeditation may work favorably for sentencing.
5. Use of Assistance From a Legal Professional
Because statutory rape of a minor carries a very serious penalty of imprisonment for a definite term of at least three years, it is advisable to establish a strategy for responding to the investigation together with a lawyer experienced in sex offense cases and to receive guidance so that no unfavorable statements are made during the suspect interrogation.
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.
