Gyodae sexual crimes specialist attorney | Representing a client facing a quasi-rape charge for a “no-referral”

A Gyodae sex crime specialist attorney will explain the quasi-rape charge the client faced.

Rape is the crime of 🔗raping a person through assault or intimidation, while quasi-rape refers to the crime of having sexual intercourse by exploiting a person's state of mental or physical incapacity or inability to resist.

Article 297 of the Criminal Act (Rape) A person who rapes another through assault or intimidation shall be punished by imprisonment for a definite term of at least three years.

Article 297-2 of the Criminal Act (Imitative Rape) A person who, through assault or intimidation, inserts his or her sexual organ into another person's bodily orifice such as the mouth or anus (excluding the sexual organ), or inserts part of the body such as a finger (excluding the sexual organ) or an instrument into another person's sexual organ or anus, shall be punished by imprisonment for a definite term of at least two years.

Article 299 of the Criminal Act (Quasi-Rape, Quasi-Indecent Act by Compulsion) A person who has sexual intercourse with or commits an indecent act against another by exploiting the other's state of mental or physical incapacity or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.

The Gyodae sex crime specialist attorney's client was at risk of being sentenced under the Criminal Act to imprisonment for a definite term of at least three years, with no option of a fine.

The Gyodae sex crime specialist attorney's client had agreed to drink with the complainant, and after leaving their belongings at a motel together with the complainant, they went out.

The complainant had, on previous occasions, regularly used motels together with the client whenever they drank together.

Although they had not had sexual relations before, on the day of the incident, after drinking and returning to the motel, the complainant was the one who first requested sexual relations.

The complainant had consumed less alcohol than usual and was by no means in a state of heavy intoxication.

The complainant in the Gyodae sex crime specialist attorney's case is falsely accusing the client.

The complainant has a boyfriend, and when the boyfriend learned that she had had sexual relations with the client, she claimed that she had been raped by the Gyodae sex crime specialist attorney's client in order to argue that she had not cheated.

The Gyodae sex crime specialist attorney's client is giving a very detailed account of the circumstances at the time.

By contrast, it is difficult to accept the complainant's claim that she does not remember the situation at the time, even though she reserved the motel and unpacked by agreement with the client and thereafter spent more than 15 hours together with the client at the motel.