Deals & Cases

Violation of the Act on the Protection of Children and Youth against Sexual Abuse (quasi-rape)
Violation of the Act on the Protection of Children and Youth against Sexual Abuse (quasi-rape)Non-referral (police)

Quasi-Rape Attorney | Case Concluded With Non-Referral by Assisting a Client Facing a Wrongful Quasi-Rape Charge

This is the account of a client who requested help from a quasi-rape specialist attorney. With the attorney's help, the client responded to the unjust quasi-rape charge and succeeded in concluding the case as a non-referral.

1. The Client Who Sought Help From the Quasi-Rape Attorney

Client who requested help from a quasi-rape attorney

This is the story of a client who requested help from an attorney focusing on quasi-rape.

The client, in his early twenties, was introduced to a woman through an acquaintance.

Several men and women of a similar age, including the client, gathered together for drinks, and while drinking and playing games at an accommodation, he had sexual relations with the woman he had been introduced to.

However, a few days later, he received a message from the woman's side demanding 5 million won, saying, "I will file a complaint for quasi-rape of a minor," and he was thereafter actually charged with quasi-rape.

Greatly alarmed by the sudden complaint, the client decided that he needed an attorney's help to respond to the unjust quasi-rape charge.

He found Daeryun Law Firm, where help can be requested easily through its branch offices in each region across the country, and requested a consultation with an attorney who had handled numerous rape-related cases.

What Is Quasi-Rape?

Quasi-rape means having sexual intercourse with or committing an indecent act against a person by taking advantage of that person's state of loss of mind or inability to resist.

Rape: Forcibly having sexual intercourse with a person by means of violence or intimidation


Where a person has sexual relations by taking advantage of a moment when the other party is unconscious due to intoxication or drugs, or is in a state unable to resist, quasi-rape may be established even without violence or intimidation.

In practice, quasi-rape cases mainly arise in the following situations.

-Where sexual relations were had with the other party after that party lost consciousness following excessive drinking

-Where the act took place while the other party was unconscious due to drugs such as sleeping pills or narcotics

-Where the victim, even if having partially regained consciousness, claims to have lacked sufficient capacity for judgment

-Where, after the fact, the victim claims not to remember and files a complaint


In such matters, proof of the circumstances at the time of the incident is often difficult, so indirect evidence such as the credibility of statements, CCTV, witness statements, and message records plays a very important role.


If a quasi-rape charge is recognized, imprisonment for not less than 3 years is imposed, with no option of a fine.

What Is the Act on the Protection of Children and Youth against Sexual Abuse?

The Act on the Protection of Children and Youth against Sexual Abuse is a law enacted to protect children and youth from sex offenses and to punish acts of privately using or commercially exploiting their sexuality.

For a person under 13 (13 or older but under 16 if the offender is 19 or older) among children and youth, sexual intercourse or an indecent act carries a higher level of punishment and is not subject to a statute of limitations, among other features, being punished more severely than ordinary sex offenses.

Under the Act on the Protection of Children and Youth against Sexual Abuse, a minor under the age of 19 is a person subject to protection.

▶Rape: life imprisonment or imprisonment for at least 5 years

▶Imitative sexual act: imprisonment for a definite term of at least 5 years

2. Quasi-Rape Attorney: Establishing a Strategy to Respond to the Charge

A quasi-rape attorney establishing a strategy to respond to the charge

After a close consultation and analysis of the facts with the client, the specialized quasi-rape attorney determined that the essence of this case was not the sexual offense of ‘quasi-rape’ but rather a planned approach toward the client and an attempt to demand money.

Accordingly, the attorney developed the following strategy.

Proving the Voluntariness of the Sexual Relations

On the day of the incident, the client and the complainant drank and played games together with a number of companions.

During the game, the complainant first expressed her intent, and the sexual relations also took place in a natural flow between the two.

The attorney in charge argued, together with the statements of those nearby, that there had been no coercion whatsoever given the atmosphere, such as the fact that they had asked the companions for their understanding before moving to the restroom.

Securing Evidence of the Circumstances of the False Complaint

The attorney in charge then secured the messages sent by the complainant's group to the client and submitted as evidence the content threatening, "The complainant is actually a minor and you have committed an illegal act, so pay 5 million won."

The following is part of the content of the threatening messages submitted by the attorney in charge.

-If you just give the money, I will let it go quietly. If I were you, I would give 500 and just settle
-Do you want to be known to the people around you as a rapist?
-It looks like you are going to end up wearing an electronic anklet

Whether There Was Awareness That the Person Was a Minor

In addition, the complainant is asserting that he was a minor of 18 years of age, applying even greater psychological pressure and intimidation.

The handling attorney emphasized that the complainant had intentionally misrepresented his age and that the client could not have known the complainant was a minor.

In fact, the complainant introduced himself as an adult and presented a mobile ID and similar documents when entering the lodging establishment, so the client could not have suspected at all that the complainant was a minor.

3. Result of the Quasi-Rape Attorney's Assistance: Non-Referral for No Suspicion of Crime

As a result of the assistance of the attorney specializing in quasi-rape, the client received a non-referral decision, successfully achieving a prompt conclusion of the case.

The reasons the investigative agency rendered the non-referral decision are as follows.


- The sexual relationship between the client and the complainant was voluntary and there was no coercion

- It is difficult to find that the complainant was in a state of loss of consciousness or inability to resist

- There is a lack of credibility between the complainant's account and the circumstances, and there are circumstances suggesting a planned approach


Accordingly, the investigative agency rendered a decision of "no suspicion of crime," and the case was concluded as a non-referral.

If You Are Implicated in a Wrongful Quasi-Rape Charge

Owing to its nature, a sexual offense can cause critical harm to the reputation and social life of the suspect.

In particular, quasi-rape charges often proceed to investigation and indictment based on the victim's statement alone, so the initial response is very important.

If you have been the subject of a wrongful complaint, you must keep the following in mind.

-Preserve all materials (CCTV, messages, call recordings, and the like) that can prove the relationship with the other party, the content of conversations, and the atmosphere at the time

-Receive the assistance of counsel before giving any statement, including a police interview

-Secure circumstances that can objectively prove the voluntariness of the sexual relations and that the other party expressed consent


If you have been the subject of a wrongful complaint or are in a situation similar to the above, you should pursue an accurate and prompt response through the assistance of counsel experienced in defending sexual offense cases.

At Daeryun Law Firm, specialist attorneys who have handled numerous sexual offense cases provide a tailored defense strategy dedicated solely to the client's case.

From prompt consultation to, where necessary, collaboration with the firm's evidence investigation and digital forensics center for evidence collection and simulation exercises in preparation for police questioning, Daeryun Law Firm provides the legal services needed in practice, so please feel free to contact us at any time.

Daeryun operates branch offices in regions across the country and provides seamless legal services to all who need help through a 365-day, 24-hour emergency consultation system and non-face-to-face video consultation services.

준강간전문변호사 | 억울한 준강간 혐의 의뢰인 도와 불송치 마무리

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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