Quasi-Rape Defense Case | Non-Prosecution for a Client Charged with Quasi-Rape

The client, who was at risk of punishment for quasi-rape, had recently met a woman through an acquaintance's introduction.

As he continued meeting with the woman, they had sexual relations several times.

One day, during sexual relations, the client ended up filming the scene of the sexual relations with his cell phone.

The woman then reported the client to the police for quasi-rape and hidden-camera filming, claiming that she had been raped while she was asleep.

The client, who was at risk of punishment for quasi-rape, came to a sex crimes attorney to request assistance in order to defend against punishment.

▶ Loss of mental capacity

▶ Inability to resist

Under Article 299 of the Criminal Act, a person who has sexual intercourse by taking advantage of another person's loss of consciousness or inability to resist is subject to the following punishment for quasi-rape.

The sex crimes attorney argued that the client had no reason to have sexual intercourse with the sleeping victim.

The client and the victim had engaged in sexual relations by mutual consent on several occasions, and on the day of the incident as well they engaged in sexual relations by consent.

On this basis, the attorney was able to prove that the client had no motive for quasi-rape.

The sex crime attorney argued that there were inconsistencies in the alleged victim's assertions.

Upon reviewing the record of the alleged victim's statements, the attorney found that the content of the statements was not consistent.

On this basis, the attorney was able to emphasize that there was insufficient evidence to prove the client's alleged offense.

The sex crimes attorney argued that the client was sufficiently reflecting on the client's own conduct.

The client acknowledged all charges of filming the victim and stated an intention to also pursue a settlement with the victim.

Through this, the attorney was able to assert that the client was deeply reflecting and striving to recover the harm.

This was the account of a client who was nearly punished for quasi-rape on the suspicion of having raped a sleeping victim, but, through the assistance of a sex crime attorney, received a non-prosecution decision.

As shown here, proving the absence of suspicion in a sexual relationship requires consistent statements and evidence as a foundation.

Accordingly, before responding to a case, it is important to establish a punishment defense strategy in advance through the legal advice of a specialized attorney.

At Daeryun Law Firm, attorneys who have handled numerous sex crime cases form a task force and promptly provide assistance to defend against the client's punishment.

If, as in the client's account, you have become involved in a sex crime, we hope you will promptly prepare a punishment defense strategy through a 🔗legal consultation reservation.