To obtain a suspended indictment for a first-time sexual assault offense, remember just these 2 things. <Must Read>

If you are reading this, you may be someone who has been accused of 'sexual assault' and is scheduled for a police investigation.

'Sexual assault' is one of the more heavily punished sex offenses, and since there is no fine option, the probability of pretrial detention is high.

Even if you obtain a Suspended Sentence to avoid detention, you will still end up with a sex-offense criminal record and be required to comply with protective measures.

Ultimately, to defend against all of this, you must take prompt initial action aimed at a Suspended Indictment so that the case is concluded at the investigation stage.

Even for a first-time offender, obtaining a Suspended Indictment is not realistically easy, so it is advantageous to receive assistance from an expert who understands the Police Investigation stage well when proceeding with your response.

At our firm, LAWFIRM LEAP, since expert attorneys with experience at major law firms and as former police officers handle cases, we understand the police's perspective better than anyone, and can present the best methods to advantageously clarify the facts at the investigation stage.

From here on, I will explain how to defend against a criminal record, so please take just 3 minutes to read through to the end.

After reading this article, if you wish to resolve your case together with legal counsel specializing in criminal law, such as LEAP, please feel free to contact us at the number above at any time.

01Why should a first-time sexual assault offender aim for a Suspended Indictment?

'Sexual assault' is a crime applied under rape in the Criminal Act, punishable by imprisonment of 3 years or more if a person rapes another using violence or intimidation.

02Criminal Act Article 297 (Rape)

A person who rapes another person by violence or intimidation shall be punished by imprisonment for a limited term of 3 years or more.

This offense can be established when sexual intercourse occurs forcibly despite the other party clearly and actively expressing refusal.

Given that the nature of the offense is serious and there is no fine option, if you have been accused, you must review the legal standards to check whether your actions are actually recognized as constituting the offense.

Under the legal standards for rape, if coercion is not established or there was no violence or intimidation, you may claim to be Cleared of Suspicion, so it is necessary to first verify the facts of the case.

For example, if you had consensual sexual relations but later broke up, and the other party maliciously files a sexual assault complaint, it is important to prove that the intercourse was consensual and that there are difficulties in characterizing it as coercive.

However, if it is difficult to prove these points and no evidence has been found to rebut the other party's statement that the situation was coercive, the allegation may be recognized as established.

If it appears the allegation is well-founded, you should acknowledge your wrongdoing at the investigation stage, show genuine remorse, and propose a prompt settlement to the victim.

Only then can you have mitigating circumstances considered at the investigation stage and obtain a Suspended Indictment.

However, since reaching a settlement in sex offense cases is more difficult than it may seem, it is wise to seek the assistance of legal counsel in carrying out the related procedures.

03If your case is one where mitigating circumstances can be recognized for a first-time sexual assault Suspended Indictment

A sexual assault case can result in actual imprisonment even for a first-time offender.

Therefore, you should abandon the complacent assumption that being a first-time offender means you will receive a lenient fine, and if you are implicated in such a case, you must seek remedies together with an expert attorney before making your initial statement.

Here, even for a first-time offender, if it is recognized that the offense was carried out in a planned and intentional manner, the sentence can be quite severe.

You must plead for leniency by clarifying, during the statement investigation, that the incident occurred impulsively or arose from a mistaken belief that the other party had consented.

Also, since a prison sentence may be handed down if the allegation is recognized, you must offer a sincere apology to the victim and reach a settlement before the prosecutor decides to indict.

In this process, determining the settlement amount and drafting the settlement agreement are important, so it is necessary to carry out this procedure together with an expert attorney.

In particular, if the other party harbors very negative feelings toward the suspect during the settlement process, meeting them directly to plead for leniency may actually provoke further negative feelings.

In such cases, it is more effective to resolve the matter through legal counsel.

Using rational judgment along with objective evidence and precedents, you must persuade the other party to accept an appropriate settlement amount and obtain a written statement of non-punishment.

Additionally, if the agreement can also include a commitment not to pursue further civil litigation or other legal disputes after the criminal case, it can be considered a successful settlement.

As such, 'sexual assault' cases require a tailored solution that considers not only the severity of the offense but also the relationship with the victim, the offender's circumstances, and various other factors.

Factors such as the impulsive nature of the act, sincere remorse, first-time offense status, and efforts to compensate for the harm can serve as sentencing materials.

However, since this too can vary depending on individual circumstances, you should consult an expert attorney with extensive experience handling such cases to promptly identify the appropriate sentencing materials.

Sincerity toward the client, and viewing the case from the police's perspective

The attorneys at LAWFIRM LEAP have handled a variety of sex offense cases while working at Kim & Chang and Bae, Kim & Lee, the largest law firms in Korea, and, as former police officers, have an in-depth understanding of how police investigations, a critical part of the initial investigation process, are handled.

Therefore, if you work with LAWFIRM LEAP, an attorney with experience at a major law firm and in the police force will personally support you from the beginning to the end of your case.

In particular, for cases like rape where prompt initial action is critical, we can guide you toward effective strategies to clarify the facts and minimize legal liability.

We at LEAP understand your situation and desperate feelings better than anyone, so we promise to do our best, mobilizing all of our knowledge and expertise to help you.

If you have not found a solution through the information introduced today, please feel free to contact us at LEAP at any time.

We will thoroughly analyze your situation and find a way to fight and win with a tailored strategy.

Thank you for reading this long article.