Criminal
No-Charge Decision in a Sex Crime Investigation Where the Relationship Was Consensual
사건 개요
- Client Information
- Individual / Suspect
- Case Details
-
The client had contact with a hostess at an entertainment establishment in Korea and was later accused of sexual offenses by the same individual.
The allegations included quasi-rape, attempted quasi-rape, coercion, and rape.
The client maintained that the encounter was consensual, but the complainant’s statement directly contradicted his account. Because the investigation had already begun, the client retained DECENT Law Firm for legal representation.
디센트 전략
DECENT Law Firm identified the key issues from the early stage of the investigation: whether there had been consent, and whether the complainant’s statement was reliable when compared with the objective circumstances.
The allegations in this case involved serious criminal charges under Korean law.
Rape is punishable under Article 297 of the Korean Criminal Act when a person commits rape through violence or intimidation. Quasi-rape is punishable under Article 297-2 when a person, through violence or intimidation, commits certain sexual acts involving penetration of the body. Article 300 of the Korean Criminal Act also punishes attempted rape and attempted quasi-rape. Coercion is punishable under Article 324 when a person, through violence or intimidation, interferes with another person’s exercise of rights or forces them to do something they are not legally obligated to do.
In this type of case, it is not enough for a suspect to simply state that the relationship was consensual. DECENT analyzed whether the legal elements of each alleged offense could be established, including whether force, intimidation, or coercion could be recognized under the circumstances.
In sex crime cases, the complainant’s statement can be an important piece of evidence. However, Korean Supreme Court precedent also requires that the reliability of such statements be assessed in light of their internal consistency, rationality, objective circumstances, and general rules of experience.
DECENT reviewed the communications between the client and the complainant before and after the incident, the fact that they spent time together the following day, and the fact that the complainant continued to contact the client after the alleged incident. These circumstances were organized to show that it was difficult to conclude that the encounter had been one-sided or forced.
DECENT also examined whether the complainant’s initial statement was consistent with later statements, whether the complainant’s post-incident behavior aligned with the allegation, and how the communications and settlement-related circumstances affected the overall assessment of the case.
At the same time, DECENT assisted the client in preparing for police questioning so that his statement remained consistent throughout the investigation. DECENT then submitted a written legal opinion addressing the reporting background, post-incident conduct, communications between the parties, and issues affecting the credibility of the complainant’s statement.
The allegations in this case involved serious criminal charges under Korean law.
Rape is punishable under Article 297 of the Korean Criminal Act when a person commits rape through violence or intimidation. Quasi-rape is punishable under Article 297-2 when a person, through violence or intimidation, commits certain sexual acts involving penetration of the body. Article 300 of the Korean Criminal Act also punishes attempted rape and attempted quasi-rape. Coercion is punishable under Article 324 when a person, through violence or intimidation, interferes with another person’s exercise of rights or forces them to do something they are not legally obligated to do.
In this type of case, it is not enough for a suspect to simply state that the relationship was consensual. DECENT analyzed whether the legal elements of each alleged offense could be established, including whether force, intimidation, or coercion could be recognized under the circumstances.
In sex crime cases, the complainant’s statement can be an important piece of evidence. However, Korean Supreme Court precedent also requires that the reliability of such statements be assessed in light of their internal consistency, rationality, objective circumstances, and general rules of experience.
DECENT reviewed the communications between the client and the complainant before and after the incident, the fact that they spent time together the following day, and the fact that the complainant continued to contact the client after the alleged incident. These circumstances were organized to show that it was difficult to conclude that the encounter had been one-sided or forced.
DECENT also examined whether the complainant’s initial statement was consistent with later statements, whether the complainant’s post-incident behavior aligned with the allegation, and how the communications and settlement-related circumstances affected the overall assessment of the case.
At the same time, DECENT assisted the client in preparing for police questioning so that his statement remained consistent throughout the investigation. DECENT then submitted a written legal opinion addressing the reporting background, post-incident conduct, communications between the parties, and issues affecting the credibility of the complainant’s statement.
결과 및 의의
"No-Charge Decision: Non-Referral by the Police"
After the investigation, the police issued a non-referral decision in favor of the client.
Although the client had been investigated for quasi-rape, attempted quasi-rape, coercion, and rape, the case was closed at the police stage without being forwarded for prosecution.
DECENT Law Firm focused on the central issues of consent and the credibility of the complainant’s statement from the beginning of the investigation. By organizing the surrounding circumstances, communications, and inconsistencies in the case, DECENT helped the client obtain a no-charge decision.
Sex crime investigations in Korea often involve conflicting statements between the parties. In cases arising after entertainment venues, drinking occasions, or private encounters, it is rarely enough to rely only on memory or a general explanation of the situation.
Communications before and after the incident, the circumstances of the meeting, the complainant’s post-incident conduct, and the consistency of each party’s statement should be reviewed before the first police questioning.
DECENT Law Firm’s criminal defense team assists clients from the early stages of sex crime investigations, including case review, police questioning preparation, and submission of written legal opinions.
If you have been contacted by the investigative authorities in Korea or have a police interview scheduled, it is important to obtain legal advice before giving a statement.
After the investigation, the police issued a non-referral decision in favor of the client.
Although the client had been investigated for quasi-rape, attempted quasi-rape, coercion, and rape, the case was closed at the police stage without being forwarded for prosecution.
DECENT Law Firm focused on the central issues of consent and the credibility of the complainant’s statement from the beginning of the investigation. By organizing the surrounding circumstances, communications, and inconsistencies in the case, DECENT helped the client obtain a no-charge decision.
Sex crime investigations in Korea often involve conflicting statements between the parties. In cases arising after entertainment venues, drinking occasions, or private encounters, it is rarely enough to rely only on memory or a general explanation of the situation.
Communications before and after the incident, the circumstances of the meeting, the complainant’s post-incident conduct, and the consistency of each party’s statement should be reviewed before the first police questioning.
DECENT Law Firm’s criminal defense team assists clients from the early stages of sex crime investigations, including case review, police questioning preparation, and submission of written legal opinions.
If you have been contacted by the investigative authorities in Korea or have a police interview scheduled, it is important to obtain legal advice before giving a statement.
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