Assistance From a Daejeon Attorney | Assisting a Client Charged With Quasi-Rape to Obtain a Non-Referral Decision

The client, the owner of a hotteok shop, was charged with the quasi-rape of the victim, who was a part-time employee.

After the shop closed for business, the client had a company dinner together with the shop staff.

At the dinner, the victim drank alcohol and was intoxicated.

The client asked the intoxicated victim, "Shall we stay together tonight?" and received an affirmative answer.

Just to be sure, the client asked, "Is it all right even though you have a boyfriend?" and received an answer.

The client and the victim then went into a motel and had sexual intercourse.

When the victim's boyfriend learned of this, he filed a complaint against the client.

The client was charged with quasi-rape and requested assistance from the Daejeon attorney in order to respond.

The Daejeon attorney explained quasi-rape.

Quasi-rape refers to the act of having sexual intercourse with a person by taking advantage of that person's state of unconsciousness or inability to resist.

It differs from 🔗rape, which requires intimidation and assault.

■ Criminal Act Article 299 (Quasi-Rape, 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 unconsciousness or inability to resist shall be punished under Articles 297, 297-2, and 298.

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

Quasi-rape refers to having sexual intercourse with a person by taking advantage of that person's state of unconsciousness or inability to resist.

Because this charge may be punished by imprisonment for a definite term of at least three years, the client requested assistance from Daeryun.

※ Requirements for Quasi-Rape

1. A state of unconsciousness or inability to resist

This refers to a situation in which a person is unable to express refusal because sexual self-defense is not possible, or in which resistance is impossible or difficult, whether psychologically or physically.

2. The absence of the other party's consent

Quasi-rape refers to engaging in a sexual act without the other party's consent.

If there was consent, the offense is not committed.

3. Intent

The victim of quasi-rape must be in a state of unconsciousness or inability to resist, and the perpetrator must have sexual intercourse by taking advantage of that state.

The Daejeon attorney identified the core of the case.

The client explained that he had obtained the victim's consent and had lawful sexual intercourse.

If so, quasi-rape is not committed.

The Daejeon attorney explained that it was important to prove that this was sexual intercourse obtained with the clear consent of the victim.

*If you would like a detailed review, please seek a 🔗legal consultation with an attorney.

The client had sought the victim's consent several times even before entering the motel.

The Daejeon attorney submitted the dashcam footage from the client's vehicle as evidence and argued that the victim had clearly expressed her consent.

The victim had a clear memory throughout the time she was with the client.

The Daejeon attorney argued that the victim was not in a state of unconsciousness or inability to resist.

The victim was found out by her boyfriend to have had sexual intercourse with the client.

The Daejeon attorney argued that the victim may have lied to her boyfriend, claiming that she had been the victim of quasi-rape.