If a Suspended Sentence for Statutory Rape of a Minor Is Your Goal, You Must Prove OO.

Those of you reading this may be facing a situation where you have been booked for a sexual assault case involving a child or minor and are undergoing Police Investigation.

Among various sex offenses, crimes against minors are viewed as more egregious and carry higher penalties, and if the initial response is not handled properly, the likelihood of an actual prison sentence is high.

In particular, if the charge of statutory rape applies based on the victim's age, many cases result in actual imprisonment even if a settlement has been reached, so you must establish an active and strategic response plan and respond proactively from the Police Investigation stage to reduce your legal liability.

At LAWFIRM LEAP, because our specialized attorneys with experience at major law firms and as former police officers handle cases, we understand the police's perspective better than anyone, and we have secured a Suspended Sentence in numerous cases of statutory rape of a minor—even in cases where detention at trial seemed highly likely—by presenting a consistent and specific position from the investigation stage onward.

Therefore, please read through today's discussion to the end and seek out legal counsel to explore ways to reduce your sentence and obtain leniency from the investigative agency.

01If You Are Facing the Risk of Punishment

If, despite the other party clearly expressing refusal or having no willingness to engage, sexual intercourse occurs through violence or intimidation, you may be punished for sexual assault.

The severity of the sentence for this offense is determined by considering various factors, including the circumstances of the case, the age of the victim, the victim's condition, whether violence occurred, and the degree of injury to the victim.

In particular, if the crime was committed against a child or minor, the punishment may be more severe than for ordinary rape.

Article 7 of the Act on Special Cases Concerning the Punishment of Sexual Violence Crimes (Rape, Indecent Assault by Force, etc. Against a Minor Under 13 Years of Age) (1) A person who commits the crime under Article 297 of the Criminal Act (rape) against a person under 13 years of age shall be punished by life imprisonment or imprisonment for not less than 10 years. (2) A person who commits any of the following acts against a person under 13 years of age through violence or intimidation shall be punished by imprisonment for not less than 7 years. 1. Inserting a sex organ into the body (excluding the sex organ) such as the mouth or anus 2. Inserting a finger or other part of the body (excluding the sex organ) or a tool into the sex organ or anus

In particular, when sexual assault is committed against a minor under 13 years of age, the charge of statutory rape is recognized, and punishment is imposed even if the act was consensual rather than forced.

This is because minors, such as children, are not yet fully developed physically or emotionally, and if they suffer physical and psychological harm from this crime, it may take a long time to recover.

Therefore, if you have been accused in such a case, you should consult a sex crime specialist attorney before the investigative agency conducts questioning, and carefully analyze the circumstances leading to the situation and the facts of the case.

You should also confirm whether the actual legal elements of the offense are met—that is, whether there was intimidation or physical force used against the child to engage in sexual intercourse—before deciding on your response strategy.

Since this offense carries no option for a fine, relying solely on the fact that the relationship was consensual and responding carelessly increases the likelihood of serving prison time as a sex offender.

Therefore, with the assistance of legal counsel, you should quickly prepare relief measures and take effective action starting from the police investigation.

02Because an Effective Initial Police Response Is Critical

In such cases, some people claim to be unjustly accused, arguing that they did not know the other party was a child or minor, or that they clearly reached mutual consent.

However, in cases where statutory rape applies, the fact that the act was consensual does not help prove innocence. Therefore, rather than insisting on being wrongly accused during the Police Investigation, it is important to apologize for one's wrongdoing and appeal for leniency.

Also, if you met through an online chat app and the minor deliberately lied about their age, and there are objective grounds making it difficult to identify them as a minor from their appearance, you should consistently state this point.

However, if the victim is a child under 13 years of age, you need to acknowledge legal responsibility and show genuine remorse, along with a statement expressing firm resolve never to reoffend, so as not to appear to have committed an egregious offense.

Furthermore, if the victim is exaggerating facts that did not occur, you should correct this in order to reduce the level of legal liability.

03How to Obtain a Suspended Sentence for Statutory Rape of a Minor

In sex crimes involving a child victim, even an act committed by mistake is often found to involve at least conditional intent, so the key is to strategically prove that the act was not intentional or habitual.

In addition, you should sincerely apologize to the victim and the victim's family, clarify that the act was not intentional, and show an active attitude toward compensating for the harm.

A settlement is an important factor in sentencing that can lead to leniency, so it must be pursued promptly, but since unfavorable factors must be eliminated at every stage—from calculating the settlement amount to drafting a statement of non-punishment and a settlement agreement to reduce the level of criminal punishment—you should discuss the case with legal counsel.

Only then can you obtain a Suspended Sentence for statutory rape of a minor and thereby avoid imprisonment.

However, in such cases, a sex offender security disposition is imposed and a criminal record remains, which could lead to internal disciplinary action for civil servants and similar professionals, so you must prepare countermeasures, apart from defending against detention, to contest the security disposition and minimize the severity of any internal disciplinary action.

Therefore, we recommend seeking help from a specialized attorney with extensive experience and expertise handling numerous cases of this kind.

Our attorneys at LAWFIRM LEAP have experience working at Kim & Chang and Bae, Kim & Lee, two of Korea's largest law firms, and can therefore be said to have broad exposure to various types of sex crime cases.

In addition, our attorneys, who are also former police officers, have an in-depth understanding of how the police handle cases involving sexual assault of minors.

Building on this experience at major law firms and in law enforcement, LAWFIRM LEAP can provide the best possible assistance, with the attorney in charge personally handling the case from beginning to end.

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

If you have not been able to find a solution based solely on the information introduced today, please feel free to contact us at any time.

We will act swiftly to establish an initial investigation strategy so as not to miss the critical window, and accompany you to the investigation to ensure a smooth Police Investigation.