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Sexual Assault Attorney | Defending a Middle School Student Charged with Sexual Assault to Obtain Non-Prosecution

The client who came to the sexual assault attorney was a parent with a middle-school child suspected of sexual assault. The sexual assault attorney defended the client's child and concluded the case with a non-prosecution.

1. The Client Who Sought Out the Sexual Assault Attorney

The client who came to the attorney specializing in sexual assault was a parent with a child in middle school.


The client requested a response, stating that the client's child was under a sexual assault charge.


The details of the case of the client's child, as heard by the attorney specializing in sexual assault, were as follows.


The client's child and the victim in this case were reportedly in a romantic relationship, and they naturally also had sexual relations.


Afterward, a minor argument reportedly led to a breakup, and the victim suddenly reported to the school and the police that the victim had been sexually assaulted by the client's child.


Accordingly, the client came to the attorney specializing in sexual assault to ask that the child be cleared of the wrongful sexual assault charge.

2. Sexual Assault Explained by a Sexual Assault Attorney

Sexual assault, the charge against the child of the sexual assault specialist attorney’s client, refers to all tangible and intangible violent acts of a sexual nature against the will of the party concerned.


Sexual assault includes rape, quasi-rape, robbery and rape, statutory rape of a minor, and imitative rape.


Among these, the client’s child was charged with the crime of rape, which is a crime established when a person rapes another by means of violence or intimidation.

Sentencing Levels for Rape

Sexual assault attorney, penalty level for rape

If 🔗rape is established, it is punishable under the Criminal Act by imprisonment for a definite term of 3 years or more.


However, because the victim in the client's case was a youth under the Act on the Protection of Children and Youth against Sexual Abuse, Article 7 of that Act applied, and the offense was punishable by life imprisonment or imprisonment for 5 years or more.

Can a Middle School Student Also Be Punished?

In the case of those aged 10 to 13, they are classified as juveniles subject to protection (chokbeop sonyeon) and, even if they commit a criminal offense, a protective disposition is imposed without criminal punishment.


However, youths aged 14 or older are classified as juvenile offenders, and if they have committed a serious offense, they may be subject to criminal punishment through the same procedures as adults.


The client's child of the sexual assault lawyer was 15 years old and fell within the category of a juvenile offender, placing the child in a situation where punishment was difficult to avoid.

3. The Defense Undertaken by the Sexual Assault Attorney for the Client

The sexual assault attorney conducted the defense focusing on the fact that, although it was true that the client's child and the victim had sexual relations, they had done so with the victim's consent and by mutual agreement.

The Circumstances at the Time of the Sexual Intercourse

The client's child and the victim, who came to the sexual assault attorney, had been engaging in physical contact such as kissing and touching each other's genitals from before the incident.


On the day of the incident as well, while engaging in physical contact, the victim first removed her clothes and told the client's child to take off his clothes too.


They thereupon had sexual relations naturally, and even after the relations and after parting they maintained an ordinary relationship, talking on the phone and exchanging messages.


Citing this point, the sexual assault attorney emphasized that the client's child had sexual relations with the victim's consent.

Collaboration with the Digital Forensics Center

The sexual assault attorney with relevant experience recovered the contents of the KakaoTalk messages exchanged between the client's child and the victim after their sexual relations, in collaboration with the digital forensics center.


After the sexual relations, the client's child asked whether the victim had disliked the sexual relations, and the victim answered that there had never been a time she disliked it.

Moreover, a week later the victim invited the child to her home, saying she would be home alone.


The sexual assault attorney with relevant experience cited this point to emphasize once again that the sexual relations between the client's child and the victim had been by agreement.

Analysis of Precedents

According to Supreme Court Decision 2019Do6546, July 25, 2019, where the defendant has consistently denied the charged facts and the victim's statement is the only direct evidence supporting the charged facts, in order to find the defendant guilty on that basis, the victim's statement must be such that there is no room for reasonable doubt in light of the rationality and validity of the content of the statement itself, its objective accuracy, the rules of experience, and the like.


It must also have credibility sufficient to reject the defendant's claim of innocence.


Based on the analyzed precedent, the sexual assault specialist attorney argued that the charge of sexual assault could not be found against the client.

4. Sexual Assault Attorney's Case Response Outcome

Outcome of the case response by the sexual assault attorney

As a result of the sexual assault attorney's response to the case on behalf of the client's child, the prosecution issued a non-prosecution decision on the ground of no suspicion of crime against the client.


The client's child had been placed at risk of criminal punishment solely on the basis of the victim's statement, but with the assistance of the sexual assault attorney was able to be cleared of the charge.


In a sexual assault case, the victim's statement may serve as decisive evidence, so it is necessary to obtain the help of a sexual assault attorney in order to be cleared of the charge.


If you entrust your case to this firm, the sexual assault attorney, the examination of evidence center, and the digital forensics center will provide tailored legal services.


If you are facing a crisis on a sexual assault charge, please proceed right now with a 🔗legal consultation reservation.

성폭행전문변호사 | 성폭행 혐의 중학생 변호해 불기소 결정

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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