CONTENTS
- 1. Statutory Rape of a Minor | Details of the Case
- 2. Statutory Rape of a Minor | Requirements for Establishment and Level of Punishment
- - Production of Sexual Exploitation Material and Threat Using Filmed Material
- 3. Statutory Rape of a Minor | How to Respond to the Charge
- - Assistance Provided by the Attorney Specializing in Sexual Offenses
- 4. Statutory Rape of a Minor | Outcome of the Case
1. Statutory Rape of a Minor | Details of the Case
This is the account of a client who came to this firm's attorney handling sexual offense cases, stating that he was being investigated on charges including statutory rape of a minor and a threat using filmed material.
The client was in his early thirties and had been living a life cut off from society while suffering from depression for a long time.
In the meantime, he began to interact with the victim in this case, a 13-year-old minor whom he had come to know through an online community, exchanging messages with her.
As they continued to converse, the two met in person and had sexual relations, and in this process the client also received on his mobile phone a video filmed by the victim.
Afterward, when the victim cut off contact with the client, the client, out of anxiety that he might once again be cut off from someone with whom he had shared a connection, committed the wrongful act of threatening to distribute the video.
A few weeks later, the police executed an arrest warrant and seized storage media such as a computer and a USB drive at the client's residence.
As a result, the client faced the risk of an actual custodial sentence on charges of statutory rape of a minor, statutory rape of a minor causing injury, and the production of sexual exploitation material of children and youth and a threat using such material.
2. Statutory Rape of a Minor | Requirements for Establishment and Level of Punishment
🔗Statutory rape of a minor refers to a crime in which a child or youth under the age of 16 is engaged in sexual intercourse, which is deemed rape regardless of consent.
A charge of statutory rape of a minor is established if the victim is under the age of 16 and sexual intercourse occurred.
If a person aged 19 or older engages in sexual intercourse with a minor under the age of 16, that person is subject to imprisonment for a definite term of at least 3 years.
A charge of statutory rape of a minor causing injury applies where the victim sustains injury during the commission of the above crime.
In this case, the client was charged with having injured the victim's genitals while engaging in sexual intercourse with the victim.
The crime of statutory rape of a minor causing injury is subject to aggravated punishment, namely life imprisonment or imprisonment for at least 5 years.
Production of Sexual Exploitation Material and Threat Using Filmed Material
The offense of producing sexual exploitation material refers to filming, producing, distributing, or possessing material depicting the sexual conduct of a child or youth.
Producing sexual exploitation material involving a child or youth is subject to life imprisonment or imprisonment for five years or more.
If a person uses such filmed material or other child and youth sexual exploitation material to threaten, extort, or compel sexual exploitation, the offense of threat using filmed material applies.
Where the offense of threat using filmed material is recognized, it is subject to imprisonment for a definite term of three years or more.
3. Statutory Rape of a Minor | How to Respond to the Charge
If a person is charged with statutory rape of a minor causing injury, the likelihood of a custodial sentence is high, so the following responses are necessary.
· Organizing the evidence and the facts: Reviewing the facts as a whole, including digital forensics, messenger records, and the victim's statement
· Protection of and settlement with the victim: Support for the victim's treatment and a sincere apology and settlement are important factors considered in sentencing
· Reviewing whether injury occurred: Where a medical assessment shows that the injury is minor or that there is no causal connection, the application of the injury element can be contested
· A plan to prevent reoffending: Preparing measures that reduce the possibility of reoffending, such as psychological treatment and education to improve awareness of sexual matters
Assistance Provided by the Attorney Specializing in Sexual Offenses
The attorney specializing in sexual offenses provided assistance throughout the entire process of the case as follows.
1. Initial consultation and detailed review of the facts
Immediately after the client was arrested, the attorney specializing in sexual offenses conducted an urgent visit and examined in detail, on a chronological basis, the circumstances surrounding the case, the manner of contact and meetings with the victim, and the state in which the digital materials were stored.
At an early stage, the attorney organized the circumstances that the client was a first-time offender, had a history of treatment for depression, and admitted the facts immediately without concealing the offense, and promptly conveyed these to the investigative authorities.
2. Establishing the sincerity of the confession and remorse
The attorney specializing in sexual offenses advised the client to consistently maintain an attitude of confessing the offense and expressing deep remorse.
To this end, the attorney documented the depression treatment records, the plan to participate in psychological counseling, and the intention to attend education to prevent the recurrence of sexual offenses, thereby emphasizing that the possibility of reoffending was low.
3. Arranging a settlement with the victim's side
The attorney specializing in sexual offenses carefully negotiated the treatment support, consolation money, and manner of apology desired by the victim and the victim's family, and brought about an amicable settlement.
The settlement agreement included measures to protect the victim and a commitment to prevent secondary harm in the future, so that the court could assess the efforts toward recovery of the harm as sufficient.
4. Establishing the argument against recognition of the injury charge
The part concerning statutory rape of a minor causing injury, which was the greatest issue, was thoroughly reviewed using medical materials.
The attorney specializing in sexual offenses obtained the medical records and opinion of an obstetrician and gynecologist and clearly established that the wound was extremely minor, that there was no complaint of pain, and that it was not even possible to issue an injury diagnosis certificate.
On the basis of these materials, the attorney submitted a written opinion of defense counsel stating that “even if injury occurred in the course of sexual intercourse, there is no causal connection to the extent that it can be regarded as ‘causing injury’ under the Criminal Act.”
5. Comprehensive response at the investigation and trial stages
The attorney specializing in sexual offenses was present in person at both the police investigation and the referral to the prosecutors' office, protecting the client's rights and managing the process so that the investigative authorities' questions did not stray beyond the legal issues.
At trial, the attorney presented in a comprehensive manner the factors of being a first-time offender, the settlement, remorse, the history of treatment for depression, and the minor nature of the injury, and developed a defense aimed at increasing the possibility of a suspended sentence.
4. Statutory Rape of a Minor | Outcome of the Case
Taking comprehensive account of the settlement with the victim, the minor nature of the injury, the fact that the client was a first-time offender, and the sincere remorse and efforts to prevent reoffending, the court imposed a suspended sentence on the term of imprisonment.
Statutory rape of a minor is a serious offense in which a heavy sentence is unavoidable regardless of whether the victim consented to sexual intercourse, so it is most important to receive prompt assistance from an attorney specializing in sexual offenses from the early stage of the investigation and to thoroughly prepare a review of the facts, protection of the victim, and a sentencing strategy.
A failure to respond appropriately at the early stage is likely to lead to a custodial sentence, so if you are charged with statutory rape of a minor, you may make 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.
