Daejeon Law Office | Obtaining a No Prosecution Disposition for a Client Facing Quasi-Rape Allegations

2024.10.10고병준

The Daejeon law office assisted a client who came to the office stating that he faced the risk of a prison sentence on a charge of quasi-rape. This is an account of how a no prosecution disposition was obtained through the assistance of the Daejeon law office.

1. The Client Who Visited the Daejeon Law Office

The client who visited Daeryun, the Daejeon law office, stated that he faced the risk of a prison sentence on a charge of quasi-rape. The substance of the allegations against the client was as follows.

According to the substance of the allegations against the Daejeon law office's client, early one morning at a motel, he laid down on the bed a victim who was so intoxicated that she could not retain consciousness and then had sexual intercourse with her once by taking advantage of her state of being unable to resist.

The client asserted that the victim was not so intoxicated as to be unable to retain consciousness and that they had engaged in sexual relations by mutual consent.

2. Quasi-Rape Allegations, Explained by the Daejeon Law Office

The Daejeon law office's client was facing a charge of quasi-rape.

Quasi-rape refers to the crime of having sexual intercourse with another person by taking advantage of that person's state of mental incapacity or inability to resist.

Even where neither assault nor intimidation is used, this charge applies if a person has sexual intercourse by taking advantage of a state of severe intoxication or a similar condition.

The Level of Punishment for Quasi-Rape, Explained by the Daejeon Law Office

If the charge of quasi-rape were applied, the Daejeon law office's client could face punishment of the severity described below.

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

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

Quasi-rape is a crime punished severely by imprisonment for a definite term of at least three years, with no option of a fine.

3. The Daejeon Law Office's Defense of the Client

In order to defend the client against punishment, the Daejeon law office presented the following defense.

The Circumstances at the Time, as Confirmed by the Daejeon Law Office

The Daejeon law office's client had been drinking with a friend, and he met the victim on the street in front of a bar.

The victim appeared to be a woman of about the client's age. When he suggested that they drink together, the victim readily agreed.

They then went to a bar together and drank more, exchanging playful conversation and expressing mutual attraction.

Afterward, the victim engaged in physical affection with the client, such as linking arms with him and resting her head on his shoulder.

The Daejeon law office's client was attracted to the victim, and being convinced that she was also attracted to him, he kissed her several times.

During these kisses, the victim did not express any objection. Moreover, had she not consented to the client's physical affection, she could have alerted anyone in the bar, where many people were present, yet she did not do so.

When the bar's closing time arrived, the client, his friend, and the victim left the bar, and the Daejeon law office's client suggested to the victim that they drink more.

The victim agreed, but because there were no bars open nearby, they headed to a motel.

According to the client, at the motel he and the victim drank a little more and then had sexual relations as a natural progression.

The Condition of the Complainant, as Confirmed by the Daejeon Law Office

For the charge of quasi-rape to apply to the Daejeon law office's client, it would be necessary to confirm whether the victim was in a state of being unable to resist.

From the moment the victim first met the client, through going to the bar and on the way to the motel, there was no instance in which she behaved like an intoxicated person.

In addition, she initiated physical affection with the Daejeon law office's client first, and she did not at any point decline or refuse during the sexual relations with him.

Accordingly, at the time the client and the victim had sexual relations, the victim was not in a state of being unable to resist.

4. The Disposition Obtained by the Daejeon Law Office

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After hearing the Daejeon law office's submissions, the prosecution rendered a no prosecution disposition for the client.

Through the assistance of the Daejeon law office, it was established that the client could not be regarded as having had sexual relations by taking advantage of the victim's state of being unable to resist.

Because a charge of quasi-rape involves having sexual intercourse by taking advantage of a person's state of mental incapacity or inability to resist, it is punished severely by imprisonment, with no option of a fine.

It is therefore important to respond promptly when facing a charge of quasi-rape. If you find yourself in a situation similar to that of the client in this case, please visit the 🔗Daejeon law office of Daeryun to request a consultation.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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