Sexual Offense Case | Securing a Suspended Sentence for a Client Charged With Rape of a Person With Disability

The client came to exchange contact with victim A (hereinafter the victim), whom he had frequently encountered while taking walks around the neighborhood.

Although the victim was middle-aged, she had a severe intellectual disability, and as a result her social age was at the level of an eight-year-old child.

The client thereupon decided to rape the victim, whose ability to communicate and to make social judgments was impaired. He contacted the victim, saying, "Let us go somewhere fun," and then took her to a motel.

The client subsequently attempted to have intercourse with the victim but did not complete the act, and he was reported by the victim's guardian and charged with rape of a person with disability.

To avoid an actual custodial sentence, the client requested assistance from the sexual offense attorney.

1) Highlighting the mitigating factors relating to the client's circumstances

The sexual offense attorney appealed to the court to take into account in sentencing, through medical records, the fact that the client was in the early stages of Alzheimer's disease and that, as a result, it would be difficult for the client, who was over eighty years old, to serve a prison term.

2) Emphasizing the client's remorse and his resolve to prevent reoffending

By submitting the client's handwritten letter of reflection, the attorney conveyed the fact that the client was sincerely remorseful for his conduct.

In addition, through letters of appeal from the family, the attorney emphasized the fact that the family likewise pledged to supervise the client so that he would never commit the same offense again, and that they sought forgiveness from the victim.

3) Settlement with the victim and the expression of an intent not to seek punishment

The attorney emphasized the fact that the client sincerely apologized to the victim and provided settlement money, and that the victim accordingly accepted the client's apology and expressed an intent not to seek punishment.

The sexual offense attorney submitted the victim's formal written statement declining punishment and appealed for this to be reflected in sentencing.

If a charge of rape of a person with disability is established, the following punishment is imposed under the Act on Special Cases concerning the Punishment of Sexual Crimes and the Act on Welfare of Persons with Disabilities.

In a sexual offense case involving rape of a person with disability, the sexual offense attorney assists with the response, focusing on the following.