Gwangju Sexual Offense Attorney | Obtaining a Non-Referral Decision on a Wrongful Rape Charge

This is the account of the client.

The client requested assistance in clearing the charge, explaining that the client was wrongfully accused of rape. The details of the case that the attorney reviewed were as follows.

The client explained that, on the day of the incident, they went on a trip with a close friend, the friend's girlfriend, and A, an acquaintance of the friend's girlfriend.

The client explained that, after enjoying the trip, the group gathered in the living room of the pension at night and drank together. While drinking, they also played drinking games, and the client and A exchanged remarks that seemed to suggest a mutual attraction.

Afterward, the client's friend and the friend's girlfriend went into a room, saying they would sleep first.

When the client told A that the client would sleep in the living room and that A could go into the remaining room to sleep, A suggested that they sleep together in the room.

The client had no reason to decline the suggestion, and they lay down together in bed and naturally had sexual intercourse, as any man and woman might.

As soon as the sexual intercourse ended, A changed completely and threatened the client, saying that the client had raped A and that A would report it. A stated that A would not report it if given settlement money.

Dumbfounded, the client became angry, asking why it was rape when the sexual intercourse had been consensual, and A reported the client to the police on the spot, which led to this case.

The client explained that they had been reported for 🔗rape. Rape refers to the crime of having sexual intercourse with a person by means of violence or intimidation.

Accordingly, for rape to be committed, the exercise of physical force by violence or intimidation must accompany the act, and in addition there must be the intent to commit rape for the offense to be established.

The Gwangju sexual offense attorney conducted the defense for the client as follows.

After hearing the attorney, the investigative authorities issued a non-referral decision, finding that there was no charge against the client due to insufficient evidence.

The client had been at risk of being wrongfully branded with the charge of rape through A's false accusation and of being sentenced to imprisonment for a definite term of not less than three years.

With the attorney's assistance, the client was able to escape that danger.

If you, like the client in this case, are in a situation where you risk having to live branded as a sexual offender through a false accusation, please request a consultation through a 🔗attorney referral.