CONTENTS
- 1. Attempted Rape | Facts of the Case
- 2. Attempted Rape | Issues in the Case
- - Whether the Physical Contact Was by Force or by Agreement
- - Credibility of the Victim's Statement and the Circumstances of the Statement
- 3. Attempted Rape | Assistance Provided by the Attorney Specializing in Sexual Offenses
- - Submission of the Recording of the Call With the Proprietor
- - Securing the Recording of the Financial Dispute With the Victim
- - Rebuttal of the Statement of an Employee at a Similar Establishment
- 4. Attempted Rape | Result of the Case
- - Concept of Attempted Rape and Requirements for Its Establishment
- - Level of Punishment
- 5. Attempted Rape | Points of Response to an Unjust Sexual Offense Accusation
1. Attempted Rape | Facts of the Case
This is the account of a client who needed the assistance of an attorney specializing in sexual offenses after facing the risk of punishment on charges of attempted rape and indecent act by compulsion.
The client received a call from the proprietor of a karaoke establishment that the client regularly visited, stating that “a new hostess had arrived and that there was a service involving physical contact if a tip was paid.”
Accordingly, the client visited the karaoke establishment following the proprietor's guidance and received an agreed form of hostess service from the hostess who was the victim in this case, including physical contact such as oral sex.
The problem arose afterward. When the hostess requested an additional tip and the client refused, the victim left the karaoke establishment after an argument and, shortly thereafter, reported to 112 that “the client had attempted to commit rape.”
As a result, the client was investigated by the police on charges of attempted rape and indecent act by compulsion, and after the case was referred to the prosecutors' office, it was indicted and was awaiting trial.
2. Attempted Rape | Issues in the Case
The core issues in this case were the following two.
Whether the Physical Contact Was by Force or by Agreement
The victim claimed that the client had attempted to indecently assault her by force, but the client consistently stated that the contact had been carried out by mutual agreement on the condition of payment of money.
Because the establishment of attempted rape legally requires conduct using assault or intimidation as a means against the victim's will, whether the contact was ‘agreed contact’ became the core of the determination.
Credibility of the Victim's Statement and the Circumstances of the Statement
It was confirmed by a recording that, in a phone call with the proprietor and colleagues immediately after the incident, the victim made no mention of any sexual assault and instead said, “I requested an additional tip but was refused.”
In other words, proving that the actual motive for the report lay not in sexual harm but in financial dissatisfaction was the decisive key to resolving the case.
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3. Attempted Rape | Assistance Provided by the Attorney Specializing in Sexual Offenses
From the early stage of the case, the attorney specializing in sexual offenses began collecting evidence centered on the defense theory of a ‘false report arising from a financial dispute.’
In particular, because the suspect's statement during the early stage of the investigation determines the direction of the case, the consistency of the statement and the objectivity of the evidence were very important.
Submission of the Recording of the Call With the Proprietor
In the recording of the phone call between the client and the karaoke proprietor, there was a specific conversation stating that “if a tip was paid, a hostess service involving physical contact would be provided.”
Through this, it was emphasized that the hostess conduct had been carried out pursuant to a mutual agreement arranged in advance.
Securing the Recording of the Financial Dispute With the Victim
It was confirmed that, immediately after the incident, the victim complained to the karaoke proprietor by phone that “no more tips were being given.”
The recording contained no mention whatsoever of any sexual assault, and this became decisive evidence that undermined the credibility of the attempted rape claim.
Rebuttal of the Statement of an Employee at a Similar Establishment
The proprietor of the establishment testified that the victim had been embracing the client.
Accordingly, it was emphasized that the victim's demeanor, as described in the proprietor's statement, was difficult to regard as the attitude of a typical rape victim.
In addition, CCTV footage was submitted, and although there had been a statement that other employees had evacuated the victim out of the room, it was emphasized that no such evidence existed at all in the on-site CCTV and that the statement was therefore false.
4. Attempted Rape | Result of the Case
The court, taking into account comprehensively ① the lack of consistency in the victim's statement, ② the credibility problems with the statements surrounding the financial conflict, and ③ the existence of circumstances indicating contact agreed upon in advance, pronounced an acquittal of the client on both the attempted rape and indecent act by compulsion charges.
In its judgment, the court held that “the victim's statement is partially contradictory, and the conduct immediately after the incident also lacks the consistency expected of a victim,” and that “it cannot be concluded that the defendant attempted a sexual act using assault or intimidation as a means.”
Concept of Attempted Rape and Requirements for Its Establishment
Attempted rape refers to a case in which a person, through assault or intimidation, attempted to have sexual intercourse against the other party's will, but the act ended in an attempt.
In other words, it applies where there was a commencement of the act but the result (sexual intercourse) was not completed.
The requirements for its establishment are as follows.
· The existence of the means of assault or intimidation
· The victim's resistance or intention to refuse
· The perpetrator's intent to have intercourse and the attempt to do so
· The non-completion of the result (the state of attempt)
Meanwhile, indecent act by compulsion means a case in which a person commits an indecent act against the other party's will, using assault or intimidation as a means.
Level of Punishment
Type of Crime | Statutory Penalty |
Rape, Attempted rape | Imprisonment for a definite term of at least three years |
Forcible indecent act | Imprisonment for up to ten years or a fine of up to 15 million won |
Even in the case of an attempt, the court may impose an actual (custodial) sentence when intent and the use of violence are clear.
In particular, in cases involving physical contact, whether a settlement was reached and whether assault or intimidation occurred become central to the sentencing determination.
5. Attempted Rape | Points of Response to an Unjust Sexual Offense Accusation
When a person is unjustly accused of a sexual offense, an unconditional denial or an emotional response may instead lead to an unfavorable outcome.
The following are important points of response in practice.
Category | Point of Response | Explanation |
① Response to initial statements | Presence of defense counsel is essential from the early stages of the investigation | The consistency and wording of statements determine the direction of the investigation |
② Securing objective evidence | Immediately secure CCTV footage, call recordings, messages, and similar materials | The more a case relies on the victim's statements, the more important physical evidence becomes |
③ Proving the existence of consent | Submit supporting materials such as prior agreement and monetary transactions | It is possible to negate the ‘assault or intimidation’ element among the requirements for attempted rape |
④ Verifying a false report | Compare and analyze conduct and statements immediately after the report | Inconsistencies in statements may undermine credibility |
Because investigations of sexual offenses proceed centered on the victim's statements, the context of the actual conduct is frequently distorted.
In particular, in cases of false reports arising from ‘financial disputes,’ ‘misunderstandings in a relationship,’ or ‘misunderstandings of words and conduct,’ thorough collection of evidence and a strategic defense by a legal professional are essential in order to prove innocence.
In this case, the attorney handling sexual offense cases established the truth through objective evidence and reasoned argument, and the client was able to resolve the injustice through an acquittal.
By responding with professional legal counsel from the early stages of the investigation, the course of a case can be accurately managed. If you require assistance, please feel free to 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.
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