Cleared of Suspicion in Attempted Quasi-Rape, You Only Need to Prove '[This]'

Among those reading this now, some may be facing a Police Investigation on suspicion of attempted quasi-rape.

Among sex offenses, cases such as quasi-rape carry severe penalties, and in reality it is difficult to obtain leniency from the court.

We have seen many people who, even in unjust circumstances, failed to properly demonstrate that they were Cleared of Suspicion and instantly became labeled as sex offenders.

That is why, if you are implicated in such a case, you must establish an active and strategic response plan to secure a case closure at the Police Investigation stage.

Our attorneys at LAWFIRM LEAP, having experience at major law firms and as former police officers, understand the police's perspective better than anyone, and can present the best strategy for concluding the case with a Suspended Indictment at the investigation stage.

It does not have to be us—please just take three minutes to read through today's discussion to the end.

However, if you urgently need legal representation to prove your innocence to the investigative authorities, please do not hesitate to contact LAWFIRM LEAP.

01① To Be Cleared of Suspicion of Attempted Quasi-Rape, and to Have Your Unjust Situation Recognized

Under Article 299 of the Criminal Act, quasi-rape is a crime committed by a person who engages in sexual intercourse or indecent acts by taking advantage of another's state of unconsciousness or inability to resist, and if found guilty, carries a sentence of imprisonment for a minimum of three years.

02Article 299 of the Criminal Act (Quasi-Rape)

A person who engages in sexual intercourse or indecent acts by taking advantage of another's state of unconsciousness or inability to resist shall be punished by imprisonment with labor for not less than three years.

This crime is punishable where a person, knowing that the other party has lost consciousness due to intoxication or is otherwise incapable of normal judgment, intentionally engages in sexual intercourse against the other's will or without confirming the other's consent.

Notably, attempts are also subject to punishment, and due to the nature of sex offenses, if the punishment exceeds a fine, the offender is also subject to protective disposition measures for sex offenders.

The problem is that since there is no fine provision for this offense, failure to obtain a Suspended Indictment results in immediate classification as a sex offender.

As a result, not only would the person be sentenced to imprisonment, but their personal information would be registered and disclosed, and measures such as employment restriction orders for certain institutions or electronic monitoring devices would be imposed, severely restricting social activities.

Therefore, if you can argue that no offense occurred—for instance, that the attempt to have sexual intercourse was made with mutual consent in a situation where the other party was fully able to express their will, or that sexual intercourse did not occur at all—swift action is needed to prove your innocence.

However, since proving this point is more difficult than it may seem, and if there is no evidence to rebut the victim's claims, the victim's statement may be accepted as-is, caution is required.

It is wise to seek the assistance of an attorney specializing in sex offenses even before the Police Investigation begins.

03② How Can You Prove You Are Cleared of Suspicion of Attempted Quasi-Rape?

In this type of case, proving innocence must begin with a thorough analysis of the victim's statement, the complaint, and other materials.

You must work with a 'specialized attorney' to review the circumstances of the incident and clarify that there was no intent to commit the crime and the reason you were unaware that the other party was unconscious due to intoxication.

In particular, for 'attempt' offenses, the sentence may vary depending on the circumstances under which the attempt occurred. In other words, the sentencing standard may differ depending on whether the act was voluntarily stopped or forcibly terminated by an external factor.

Accordingly, you must thoroughly review whether there are favorable factors that can support your claim of being Cleared of Suspicion on this point as well.

For example, if you attempted sexual intercourse with the other party's consent but it did not occur because the other party lost consciousness due to intoxication, and if there is CCTV footage or other evidence proving that the other party entered a lodging facility on their own after mutual consent, you may be able to obtain a finding of no suspicion for the attempted offense.

Moreover, since 'rape cases' typically occur in private settings with little direct evidence, the statements of the parties involved are critical.

For this reason, the initial statement expressing your position is important, and it is necessary to give a specific and consistent account.

You should prepare your statement together with a specialized attorney by detailing the specific reasons you believed the other party was not in a state of unconsciousness—such as having had sufficient conversation, or the other party's behavior indicating consent to the act.

Additionally, if insufficient evidence is found regarding the other party's claims of harm, this may lead to a finding of no suspicion, so a proper response to this point is also necessary.

You must identify inconsistencies in the victim's statement and point out where it differs from the facts. If, for example, a positive relationship continued after the incident before the sudden filing of the complaint, message logs and similar records can be presented as evidence.

To establish that you are not guilty of attempted quasi-rape, you must take swift initial action based on reasonable grounds for asserting your innocence before the investigation concludes.

Since evidence must be identified quickly and accurately, we recommend working with an expert who has extensive experience handling sex offense cases.

Sincerity toward the client, combined with viewing the case from the perspective of the police.

Our attorneys at LAWFIRM LEAP have experience working at Kim & Chang and Bae, Kim & Lee, the largest law firms in Korea. This means they have broadly encountered a wide range of sex offense case types.

Additionally, as former police officers, our attorneys have an in-depth understanding of how police handle quasi-rape cases.

Building on this experience at major law firms and in the police, LAWFIRM LEAP ensures that an attorney personally supports your case from beginning to end.

If you have not yet found a solution, please contact us at any time.

We understand your urgent situation better than anyone, and we promise to mobilize all our expertise and do our utmost to help you.

Thank you for reading this long article to the end.