Statutory Rape of a Minor | A Suspended Sentence Even on Charges of Statutory Rape of a Minor and a Threat Using Filmed Material

This is the account of a client who came to this firm's attorney handling sexual offense cases, stating that he was being investigated on charges including statutory rape of a minor and a threat using filmed material.

The client was in his early thirties and had been living a life cut off from society while suffering from depression for a long time.

In the meantime, he began to interact with the victim in this case, a 13-year-old minor whom he had come to know through an online community, exchanging messages with her.

As they continued to converse, the two met in person and had sexual relations, and in this process the client also received on his mobile phone a video filmed by the victim.

Afterward, when the victim cut off contact with the client, the client, out of anxiety that he might once again be cut off from someone with whom he had shared a connection, committed the wrongful act of threatening to distribute the video.

A few weeks later, the police executed an arrest warrant and seized storage media such as a computer and a USB drive at the client's residence.

As a result, the client faced the risk of an actual custodial sentence on charges of statutory rape of a minor, statutory rape of a minor causing injury, and the production of sexual exploitation material of children and youth and a threat using such material.

🔗Statutory rape of a minor refers to a crime in which a child or youth under the age of 16 is engaged in sexual intercourse, which is deemed rape regardless of consent.

A charge of statutory rape of a minor is established if the victim is under the age of 16 and sexual intercourse occurred.

If a person aged 19 or older engages in sexual intercourse with a minor under the age of 16, that person is subject to imprisonment for a definite term of at least 3 years.

A charge of statutory rape of a minor causing injury applies where the victim sustains injury during the commission of the above crime.

In this case, the client was charged with having injured the victim's genitals while engaging in sexual intercourse with the victim.

The crime of statutory rape of a minor causing injury is subject to aggravated punishment, namely life imprisonment or imprisonment for at least 5 years.

If a person is charged with statutory rape of a minor causing injury, the likelihood of a custodial sentence is high, so the following responses are necessary.

· Organizing the evidence and the facts: Reviewing the facts as a whole, including digital forensics, messenger records, and the victim's statement

· Protection of and settlement with the victim: Support for the victim's treatment and a sincere apology and settlement are important factors considered in sentencing

· Reviewing whether injury occurred: Where a medical assessment shows that the injury is minor or that there is no causal connection, the application of the injury element can be contested

· A plan to prevent reoffending: Preparing measures that reduce the possibility of reoffending, such as psychological treatment and education to improve awareness of sexual matters

Taking comprehensive account of the settlement with the victim, the minor nature of the injury, the fact that the client was a first-time offender, and the sincere remorse and efforts to prevent reoffending, the court imposed a suspended sentence on the term of imprisonment.

Statutory rape of a minor is a serious offense in which a heavy sentence is unavoidable regardless of whether the victim consented to sexual intercourse, so it is most important to receive prompt assistance from an attorney specializing in sexual offenses from the early stage of the investigation and to thoroughly prepare a review of the facts, protection of the victim, and a sentencing strategy.

A failure to respond appropriately at the early stage is likely to lead to a custodial sentence, so if you are charged with statutory rape of a minor, you may make a 🔗legal consultation reservation.