Act on the Protection of Children and Youth against Sexual Abuse | Concluding a Case of a Rape Charge as a Non-Referral

As for the detailed circumstances, while exchanging messages through an open chat, the client naturally arranged a meeting after the other party said they wanted to have a drink, and a motel was booked.

After arranging the meeting, the client personally drove to meet the other party.

The other party demanded that the memory built into the dashboard camera of the client's vehicle be removed.

In addition, upon entering the motel, the other party continued with highly inappropriate behavior and demands for money, and even undressed in the bathroom and came out without the client's consent.

Sensing that something was wrong, the client reported the matter to the police. However, the police initiated investigative proceedings, stating that the two parties' statements differed and that the other party claimed to have been raped by the client.

As a result, the client came to face an allegation of violating the Act on the Protection of Children and Youth against Sexual Abuse.

The court, comprehensively considering the point that the victim first arranged the meeting with the client, the point that the client actively reported first at the time of reporting, and the point that, through the recording transcript, no fact of intercourse had occurred, issued a non-referral (no suspicion of crime) disposition.

This was an outcome that could be achieved through systematic securing of evidence from the early stage and the maintenance of consistent statements.

The client was able to avoid an actual custodial sentence and conveyed the words, "Thank you for believing in my sincerity to the end and helping me."

The term children and youth refers to persons under 19 years of age, and it emphasizes the need for protection arising from their physical and mental immaturity.

A violation of the Act on the Protection of Children and Youth against Sexual Abuse is a serious matter in which a crime may be established regardless of the victim's express consent, and the direction of a case can change significantly depending on how it is handled in the early stages of the investigation.

In particular, the consistency of statements, whether evidence has been gathered, and the legal interpretation of the facts directly affect the outcome. For this reason, an emotional response or a fragmentary explanation alone is often insufficient.

Daeryun LLC responds to cases by forming a task force of 1 to 20 members, centered on criminal law specialist attorneys who have handled criminal cases involving alleged violations of the Act on the Protection of Children and Youth against Sexual Abuse, together with evidence investigation specialists who hold detective qualifications.

We analyze the issues at each stage of the investigation and establish a response strategy suited to the circumstances of the case by carrying out the securing of objective materials and the review of legal principles in parallel.

If you are in a situation that requires an investigation or response regarding an alleged violation of the Act on the Protection of Children and Youth against Sexual Abuse, please confirm the issues of your case and the response strategy through a 🔗criminal attorney legal consultation reservation.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), helps resolve cases through the systematic strategies of legal specialists across multiple fields.