The sentence for aiding and abetting group sexual assault depends on the initial statement.

This is LAWFIRM LEAP, where a team of three attorneys with backgrounds at major law firms and the police handles cases.

If you are reading this article, you may be facing a police investigation as an accomplice to group sexual assault.

Under the Criminal Act, rape carries a minimum sentence of three years' imprisonment with no fine option, making detention highly likely, so it is treated as one of the most serious sex offense types.

In particular, where the offense involves group sexual assault, the nature of the offense is severe and the victim's suffering is even more serious, so detention and actual imprisonment are often ordered.

However, in cases of group sexual assault, some individuals who did not actually commit the offense but were merely present at the scene are accused of aiding and abetting.

In such cases, punishment equivalent to aggravated rape may be imposed.

Since the sentence involved is very severe, you must quickly find a response strategy, strategically explain your position during the police investigation, and secure a Suspended Indictment.

Only then can you prevent a lifelong criminal record as a sex offender.

With that in mind, today the specialized attorneys of LAWFIRM LEAP, who have experience at major law firms and the police, will explain how to secure a Suspended Indictment at the investigation stage in this type of case.

As this is realistically a difficult case in which to obtain leniency, please keep its gravity in mind and take just three minutes to read the article below.

If your initial investigation is imminent, it is also advisable to promptly establish an initial-response strategy and contact LEAP quickly so that your position can be conveyed effectively within the golden time.

01What is the level of punishment and the requirements for aiding and abetting group sexual assault?

Those facing this charge often feel it is unfair to be punished when they did not actually commit the offense.

Legally, the offense of aiding and abetting can carry liability for an unlawful act, and in particular one may be accused of assisting in the commission of aggravated rape.

Depending on the case, legal liability equivalent to that of an accessory may follow.

Aggravated rape is a charge that applies when two or more offenders act jointly, or a weapon is carried, while committing sexual assault, and under the Act on Special Cases Concerning the Punishment of Sexual Violence Crimes, it is punishable by life imprisonment or imprisonment for a minimum term of seven years.

02Article 4 (Aggravated Rape, etc.) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes

(1) A person who commits the crime of rape under Article 297 of the Criminal Act while carrying a weapon or other dangerous object, or by acting jointly with two or more persons, shall be punished by life imprisonment or imprisonment for not less than seven years.

In particular, group sexual assault often involves strong physical force against the victim, so there is a high likelihood of injury to the victim, which adds a charge of aggravated rape causing injury, resulting in a sentence of ten years' imprisonment or more.

Therefore, since accomplices also face a high sentence, to defend against detention you must gather more systematic arguments and evidence from the very start of the case and prepare your statement accordingly.

Unlike ordinary sex offenses, even if a person did not directly commit the crime, if they assisted in planning the sexual assault or deliberately failed to intervene, or if they neglected a duty to protect the victim, actual imprisonment may still be imposed, and this should be kept in mind.

03How can you obtain leniency for aiding and abetting group sexual assault?

As mentioned earlier, an accomplice may also face a high sentence equivalent to the principal offense, so you must carefully prepare your initial statement.

You must also be able to actively demonstrate that you did not deliberately allow the incident to occur.

Additionally, if a legal review confirms that an offense is actually established, it is important to acknowledge legal responsibility while clarifying that you did not actually commit the sexual assault, and that you had no way of knowing what would happen in that situation.

You should also mention that you have no prior criminal record and that you have rebuttal evidence against the other party's misunderstanding or claims, defending against excessive punishment.

If the charge is likely to be established, rather than simply denying it, you should acknowledge the wrongdoing while gathering sentencing materials and appealing for leniency, as this approach is more likely to succeed in defending against detention.

It is also important to show active cooperation with the investigation through consistent statements and specific explanations, and even if you did not directly commit the offense, you should apologize to the victim and appeal for leniency.

When a settlement is needed, providing monetary compensation with the assistance of legal counsel and apologizing for your wrongdoing while promptly fulfilling requirements such as a written statement of non-punishment can help lower the severity of the offense and lead to a reduced sentence.

However, if you have been accused in a matter that differs from the actual facts, you must find rebuttal evidence against the victim's misunderstanding or unfounded claims to prove that you are Cleared of Suspicion.

If you respond to this matter carelessly, the investigating authorities will never prove your innocence for you.

Therefore, with the assistance of an expert who deeply understands the investigation stage, you must defend yourself by proving the lack of concrete evidence and the contradictions in the victim's claims, so as to avoid acquiring a criminal record.

Because we have experience conducting investigations, we can respond effectively to investigations.

The attorneys of LAWFIRM LEAP are sex crime specialists with careers at Kim & Chang and Bae, Kim & Lee, the largest law firms in Korea, as well as backgrounds as police officers, and based on their experience handling serious cases such as group sexual assault, they can establish a favorable initial-response strategy for you.

If you work with LAWFIRM LEAP, which has in-depth investigation-response expertise, we will analyze your situation as the client, stand by you from the start to the end of the case, and prepare against detention, while helping you secure the best possible outcome and leniency.

Therefore, if you are facing a police investigation in this matter, please request a consultation with LEAP promptly, so that a strategy can be established in time and you can respond to the investigation without delay.

We understand how urgent your situation is, and we will find a tailored strategy to help you avoid punishment for aiding and abetting group sexual assault.

Thank you for reading this long article.