If charged with rape causing injury, is imprisonment unconditional?

Hello. I am a sexual crime specialist attorney at Daeryun Law Firm.

Just because rape causing injury charges are applied does not necessarily mean that imprisonment will be sentenced.

However, it is clear that rape causing injury has a higher level of punishment than ordinary rape and is a crime that the court judges strictly.

According to Article 301 of the Criminal Act, when a person is injured or caused injury during the process of rape or quasi-rape, life imprisonment or imprisonment of 5 years or more is prescribed.

However, in actual trials, the sentence is determined by comprehensively examining the degree and circumstances of the injury, intent regarding the injury, and attitude after the incident.

The key issues in rape causing injury are whether the injury is at a serious level and whether it was anticipated or intended.

If it is a minor injury that occurred accidentally during the commission of the crime, there is room for consideration in sentencing.

If the treatment period is short or limited to temporary damage according to medical records, this can be argued.

Additionally, whether settlement with the victim has been reached is also important.

Although rape causing injury is not a crime that cannot be prosecuted against the victim's will, the victim's intention not to punish and the contents of the settlement are often considered as mitigating factors in actual judgments.

Additionally, whether the offender is a first-time offender, attitude of reflection, and possibility of recidivism are also judged together.

Using these sentencing factors, in practice, even if charges are recognized, there are cases where suspended sentences have been pronounced depending on the case.

However, this can be a result that is possible when the nature of the injury and circumstances of the case are clearly organized and unfavorable statements are avoided from the early stages of investigation.

If you are facing investigation for rape causing injury charges, we recommend first reviewing a case-specific response strategy with a sexual crime specialist attorney.