Statutory rape of a minor: even if sexual intercourse is with the minor's consent, is it subject to punishment?

Consensual sexual conduct with a minor may constitute statutory rape of a minor or a statutory indecent act by compulsion against a minor, and may therefore be subject to punishment.

Where a person has sexual intercourse with a minor under the age of 13, it is punishable regardless of whether the other party consented.

Under Article 305 of the Criminal Act, a person who commits sexual intercourse or an indecent act against a person under the age of 13 is subject to imprisonment for a definite term of at least three years.

Where a person commits sexual intercourse or an indecent act against a minor or a person with a mental or physical impairment by deception or force, that person is subject to imprisonment for up to five years.

If a person commits an imitative rape act against a minor, that person is subject to imprisonment for a definite term of at least two years, and in the case of an indecent act by compulsion, the person is subject to imprisonment for up to ten years or a fine of up to 10 million won.

As such, the sentences for sexual offenses against children are by no means light. For crimes such as statutory rape of a minor, there is a high likelihood of severe punishment even for a first offense.

Therefore, it is advisable to seek advice from an attorney specializing in these matters from the early stages of the case and to establish a systematic defense strategy for a case under the Act on the Protection of Children and Youth against Sexual Abuse.

Based on a sufficient understanding of these legal procedures and penalties, it is very important to respond legally and promptly when such a case arises.