Quasi-Rape Complaint | A Case Resulting in Acquittal on a Charge of Quasi-Rape Causing Injury

This is the case of a client who sought an attorney after facing the risk of punishment upon being subjected to a quasi-rape complaint.

The client had arranged to have dinner with a workplace colleague who was also a longtime friend, and the friend's close younger sister also joined the gathering.

The three drank together, and as the mood grew lively, they decided to drink more in a nearby hotel room and moved there.

Afterward, while the friend stepped out briefly to smoke, only the client and the friend's younger sister remained. The complainant approached and sat beside the client, continued the conversation naturally, removed her own clothing, and took the client's hand.

The client concluded that the complainant had consented to physical contact and engaged in such contact, and the sexual intercourse took place by mutual consent.

The next day, however, the complainant filed a quasi-rape complaint against the client and also submitted photographs, claiming that she had bruises on her shoulder and around her eye from being assaulted by the client.

The client thus faced a charge of quasi-rape causing injury and requested the assistance of an attorney at Daeryun Law Firm to establish his account of the matter.

The crime of quasi-rape is established when a person engages in sexual intercourse by taking advantage of another who is in a state of loss of consciousness or inability to resist.

Regardless of whether the victim consented, the key issue is whether the offender recognized and took advantage of the victim's 'state of inability to resist.'

The crime of quasi-rape causing injury is established when injury occurs to the victim during the commission of quasi-rape, and if the charge is found to be established, it is punishable by life imprisonment or imprisonment for not less than five years.

In this case, the attorney at Daeryun Law Firm carried out a detailed and systematic defense strategy as set out below.

The court found that (1) the complainant's statements were inconsistent and of low credibility, (2) the cause of the injuries also could not be definitively attributed to the defendant's conduct, and (3) it was difficult to find that the complainant's conduct had taken place in a state of loss of consciousness or inability to resist.

Accordingly, the client received a judgment of acquittal.