CONTENTS
- 1. Quasi-Rape Complaint | Facts of the Case
- 2. Quasi-Rape Complaint | Explanation of the Concepts of Quasi-Rape and Quasi-Rape Causing Injury
- - Differences Between Rape and Quasi-Rape
- 3. Quasi-Rape Complaint | The Attorney's Assistance
- - Clarifying the Legal Issues
- - Analysis of the Victim's Conduct at the Time of the Incident and Securing of Evidence
- - Rebuttal Regarding the Victim's Injuries
- - Analysis of Inconsistencies in the Victim's Statements
- 4. Quasi-Rape Complaint | Outcome of the Trial
- - How to Respond When a Charge Is Unfounded
1. Quasi-Rape Complaint | Facts of the Case
This is the case of a client who sought an attorney after facing the risk of punishment upon being subjected to a quasi-rape complaint.
The client had arranged to have dinner with a workplace colleague who was also a longtime friend, and the friend's close younger sister also joined the gathering.
The three drank together, and as the mood grew lively, they decided to drink more in a nearby hotel room and moved there.
Afterward, while the friend stepped out briefly to smoke, only the client and the friend's younger sister remained. The complainant approached and sat beside the client, continued the conversation naturally, removed her own clothing, and took the client's hand.
The client concluded that the complainant had consented to physical contact and engaged in such contact, and the sexual intercourse took place by mutual consent.
The next day, however, the complainant filed a quasi-rape complaint against the client and also submitted photographs, claiming that she had bruises on her shoulder and around her eye from being assaulted by the client.
The client thus faced a charge of quasi-rape causing injury and requested the assistance of an attorney at Daeryun Law Firm to establish his account of the matter.
2. Quasi-Rape Complaint | Explanation of the Concepts of Quasi-Rape and Quasi-Rape Causing Injury
The crime of quasi-rape is established when a person engages in sexual intercourse by taking advantage of another who is in a state of loss of consciousness or inability to resist.
Regardless of whether the victim consented, the key issue is whether the offender recognized and took advantage of the victim's 'state of inability to resist.'
The crime of quasi-rape causing injury is established when injury occurs to the victim during the commission of quasi-rape, and if the charge is found to be established, it is punishable by life imprisonment or imprisonment for not less than five years.
Differences Between Rape and Quasi-Rape
Category | 🔗Rape | Quasi-Rape |
Conduct Requirement | Sexual intercourse by violence or intimidation | Taking advantage of a state of loss of consciousness or inability to resist |
Victim's Condition | Able to resist normally | Unable to resist (alcohol, drugs, sleep, etc.) |
Sentencing | Imprisonment for a definite term of not less than three years | |
Point of Proof | Whether violence or intimidation existed | The victim's state of inability to resist and whether it was recognized |
3. Quasi-Rape Complaint | The Attorney's Assistance
In this case, the attorney at Daeryun Law Firm carried out a detailed and systematic defense strategy as set out below.
Clarifying the Legal Issues
The attorney cited Supreme Court Decision 2005Do7989 and emphasized the principle that “a finding of guilt must be based on evidence clear enough to leave no room for reasonable doubt, and the burden of proof lies with the prosecutor.”
On this basis, the attorney argued that the complainant's statement alone could not be regarded as evidence sufficient to exclude reasonable doubt, and that there was no objective evidence that the complainant's injuries had been caused by the defendant.
Analysis of the Victim's Conduct at the Time of the Incident and Securing of Evidence
To establish the complainant's active overtures on the day of the incident, the attorney secured a confirmation statement and a written statement from the friend who had been present at the scene.
The attorney submitted a detailed reconstruction of the circumstances in which the complainant first took the client's hand and removed her clothing, as well as the context of the conversation, and on this basis emphasized that the complainant had clearly not been in a 'state of loss of consciousness or inability to resist'.
Rebuttal Regarding the Victim's Injuries
Regarding the photographs of bruises submitted by the complainant, the attorney secured a statement from the client's friend that the complainant had said she was injured in a bicycle accident a few days before the incident.
On this basis, the attorney submitted a request for a medical expert evaluation of when the injuries occurred and demonstrated scientifically that the injuries had not been caused by the client's conduct.
Analysis of Inconsistencies in the Victim's Statements
The attorney presented a confirmation statement showing that the complainant had previously demanded money from the client's friend and proposed physical contact.
In addition, by analyzing how the complainant's statements differed between the initial investigation and a later re-examination, the attorney highlighted that the credibility of the statements was markedly low.
4. Quasi-Rape Complaint | Outcome of the Trial
The court found that (1) the complainant's statements were inconsistent and of low credibility, (2) the cause of the injuries also could not be definitively attributed to the defendant's conduct, and (3) it was difficult to find that the complainant's conduct had taken place in a state of loss of consciousness or inability to resist.
Accordingly, the client received a judgment of acquittal.
How to Respond When a Charge Is Unfounded
If you have been wrongly subjected to a quasi-rape complaint or are facing a charge of quasi-rape causing injury, the initial response is of the utmost importance.
Statements made in the first investigation can determine the direction of the case. If you are questioned without an attorney present, unfavorable expressions may remain as evidence as recorded.
2. Record the circumstances at the time of the incident in detail
Conversation content, text messages with the complainant, and statements of those who were present should be secured promptly. Securing evidence becomes more difficult as time passes.
3. Search for inconsistencies in the complainant's statements
It should be carefully examined whether the complainant's statements change over time and whether the complainant's words and conduct after the act are consistent.
4. Secure medical and scientific evidence
Whether the complainant's injuries were caused by the suspect or were pre-existing should be clarified through an expert evaluation.
In a quasi-rape complaint case, a single word from the suspect or a single line of the complainant's statement can affect the outcome.
If you are under investigation on a quasi-rape charge that you believe to be unfounded, it is a prudent choice to establish a response strategy from the early stages of the case through an attorney's 🔗legal consultation booking.
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.
