Deals & Cases

Rape
RapeNon-referral

Changwon Law Firm Assistance | Changwon Law Firm Defended a Client Charged With Rape and Obtained a 'no-referral'

The client who sought out the Changwon Law Firm had been unjustly implicated in a rape charge, and while looking for a law firm to request assistance from a specialist attorney, the client came to Daeryun's Changwon office.

1. The Client Who Sought Out the Changwon Law Firm

Changwon Law Firm

The client who sought out the Changwon Law Firm came to Daeryun's Changwon office and requested a consultation, wishing to clear himself of a rape charge with the firm's assistance.

How the Client Came to Seek Out the Changwon Law Firm

The account of the client who came to the Changwon Law Firm and requested a consultation is as follows.

The client first met the complainant at university, where they became close, and they soon developed into a romantic relationship.

He had sexual relations with his girlfriend, the complainant, by mutual consent.

At the time, the complainant expressed her consent to the client and did not refuse, so there was no problem at all.

However, a problem arose when the complainant and the client broke up.

Namely, she filed a complaint against the client on a charge of 'rape.'

In addition to being implicated in a rape charge, the client suffered greatly as he was strongly pressed by the complainant and her mother.

Even though he had had sexual relations with the complainant's consent and there had been no coercion whatsoever in the process, he was placed in an unjust situation because of the complainant's statement.

In order to clear himself of the 🔗rape charge with the assistance of a specialist attorney, he held a consultation at the Changwon Law Firm.

2. The Statutes Relevant to the Case Explained by the Changwon Law Firm

Article 297 (Rape)

A person who, through violence or intimidation, rapes another shall be punished by imprisonment for a limited term of not less than three years.


Article 297-2 (Analogous Rape)

A person who, through violence or intimidation, inserts his or her sexual organ into another's bodily orifice such as the mouth or anus, or inserts a finger or other part of the body or an instrument into another's sexual organ or anus, shall be punished by imprisonment for a limited term of not less than two years.


Article 299 (Quasi-rape, Quasi-indecent Act by Compulsion)

A person who has sexual intercourse with or commits an indecent act against another by taking advantage of the other's condition of unconsciousness or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.

3. The Changwon Law Firm's Assistance

Through consultations with the client, the Changwon Law Firm closely reviewed the specific facts, systematically analyzed the evidentiary materials, and established a strategy.

Changwon Law Firm Argued That the Complainant's Consent Had Been Obtained

The client had sexual relations after obtaining the complainant's consent.

The complainant also does not claim that she was subjected to violence or intimidation, and she maintained an ordinary relationship after the sexual relations.

The attorney therefore emphasized that there had been no coercion whatsoever in the sexual relations between the client and the complainant.

Changwon Law Firm Argued That the Complainant's Statement Was Not Reasonable

In 2018, there was a Supreme Court precedent to the effect that a victim's statement should be accepted almost entirely; however, recent Supreme Court precedents have established the principle that this does not mean a victim's statement should be accepted unconditionally, but rather that it must have considerable reasonableness and validity.

In light of the fact that an ordinary relationship was maintained after the sexual relations, the attorney emphasized that the complainant's statement was not reasonable and that the client's statement had greater credibility.

Changwon Law Firm Submitted the Record of Conversations With the Complainant

The Changwon Law Firm submitted the contents of the conversations between the client and the complainant as evidentiary material.

The attorney emphasized that the client had had sexual relations with the consent of the complainant, who had come over to the client's home while they were dating, and that, because the client had perceived it as such, there was no rape charge against the client.

4. The Police Decision That Accepted the Changwon Law Firm's Arguments

Accepting the Changwon Law Firm's arguments, the police rendered a decision of 'no-referral.'

If You Need the Assistance of Changwon Law Firm

Drawing on extensive experience in handling numerous cases, the criminal law specialist attorneys at Daeryun Law Firm respond promptly in step with changes to the investigation system and its procedures, and they establish tailored strategies.

They aim to secure legal evidence swiftly and to bring matters to a conclusion at an early stage.

If you require the assistance of a specialist attorney, please reach out to Daeryun Law Firm, where consultation and urgent response are available 24 hours a day, 365 days a year.

창원법무법인 조력 | 창원법무법인, 강간 혐의 의뢰인 ‘불송치’ 방어

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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