Case Defending Against a Custodial Sentence for Rape of a Person With Disability | Rape of a Person With Disability, Reduced to a Suspended Sentence on Appeal

The client was the subject of a criminal complaint after having sexual relations with a relative, A, who has an intellectual disability.

The client claimed that "it was a consensual relationship," but A stated that "there was no actual consent."

The investigative agency, on the basis of A's degree of disability and statement, indicted the client on a charge of 'rape of a person with disability.'

The court of first instance recognized the credibility of the victim's statement and the characteristics of the disability, and found the charge of rape of a person with disability guilty and imposed an actual custodial sentence on the client.

After this judgment of first instance, the client, asserting that it was unjust, decided to appeal, and accordingly sought out a sex offense attorney and requested assistance.

The core issues of this case are as follows.

Based on these issues, the sex crime attorney highlighted that the constituent element of a ‘state of inability to resist’ was insufficient, and established a strategy to change the charge in the appellate trial to ‘sexual intercourse with a person with disability by deceit or coercion,’ among others.

On the charge of 'rape of a person with disability,' which can carry life imprisonment or a heavy sentence of 7 years or more, the attorney actively highlighted the point that the victim's state of being unable to resist had not been sufficiently proven.

At the same time, the attorney made the change of the charge to 'sexual intercourse with a person with disability by deceit or coercion' the focus of the appellate strategy.

During the appellate trial proceedings, the sex crime attorney secured and submitted to the court various pieces of evidence that could objectively show the facts.

The attorney also argued the following sentencing mitigation factors.

The attorney also continuously assisted the client so that he could thoroughly prepare his statement and respond to the court appearances, maintaining the defense strategy without wavering throughout the trial proceedings.

In sexual offenses against persons with disabilities, heavy punishment is possible based on the degree of the victim’s disability and their statement alone, so an early response and securing evidence are very important.

Daeryun LLC has numerous criminal and sexual offense attorneys with police, prosecution, and court experience, and it provides tailored assistance such as evidence collection and trial strategy.

The firm also provides support to protect the client’s personal safety and maintain confidentiality.

If you are involved in a 🔗sexual assault of a person with disability case and at risk of punishment, please entrust your case at any time through a 🔗legal consultation reservation.

Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), helps resolve cases through the systematic strategy of legal experts across multiple fields.