Attempted Rape | Acquittal on Charges of Attempted Rape and Indecent Act by Compulsion Arising From a Misunderstanding With a Karaoke Hostess

This is the account of a client who needed the assistance of an attorney specializing in sexual offenses after facing the risk of punishment on charges of attempted rape and indecent act by compulsion.

The client received a call from the proprietor of a karaoke establishment that the client regularly visited, stating that “a new hostess had arrived and that there was a service involving physical contact if a tip was paid.”

Accordingly, the client visited the karaoke establishment following the proprietor's guidance and received an agreed form of hostess service from the hostess who was the victim in this case, including physical contact such as oral sex.

The problem arose afterward. When the hostess requested an additional tip and the client refused, the victim left the karaoke establishment after an argument and, shortly thereafter, reported to 112 that “the client had attempted to commit rape.”

As a result, the client was investigated by the police on charges of attempted rape and indecent act by compulsion, and after the case was referred to the prosecutors' office, it was indicted and was awaiting trial.

The core issues in this case were the following two.

From the early stage of the case, the attorney specializing in sexual offenses began collecting evidence centered on the defense theory of a ‘false report arising from a financial dispute.’

In particular, because the suspect's statement during the early stage of the investigation determines the direction of the case, the consistency of the statement and the objectivity of the evidence were very important.

The court, taking into account comprehensively ① the lack of consistency in the victim's statement, ② the credibility problems with the statements surrounding the financial conflict, and ③ the existence of circumstances indicating contact agreed upon in advance, pronounced an acquittal of the client on both the attempted rape and indecent act by compulsion charges.

In its judgment, the court held that “the victim's statement is partially contradictory, and the conduct immediately after the incident also lacks the consistency expected of a victim,” and that “it cannot be concluded that the defendant attempted a sexual act using assault or intimidation as a means.”

When a person is unjustly accused of a sexual offense, an unconditional denial or an emotional response may instead lead to an unfavorable outcome.

The following are important points of response in practice.

Because investigations of sexual offenses proceed centered on the victim's statements, the context of the actual conduct is frequently distorted.

In particular, in cases of false reports arising from ‘financial disputes,’ ‘misunderstandings in a relationship,’ or ‘misunderstandings of words and conduct,’ thorough collection of evidence and a strategic defense by a legal professional are essential in order to prove innocence.

In this case, the attorney handling sexual offense cases established the truth through objective evidence and reasoned argument, and the client was able to resolve the injustice through an acquittal.

By responding with professional legal counsel from the early stages of the investigation, the course of a case can be accurately managed. If you require assistance, please feel free to make a legal consultation reservation.