If Defending Against Quasi-Rape Attempt Sentencing Is Your Goal, 'This' Is Essential

Some of you reading this article may currently be under Police Investigation after being booked on suspicion of attempted quasi-rape. Among various sex crimes, offenses such as 'quasi-rape' have broad criteria for establishing the offense and carry severe penalties, so if you fail to respond properly at the initial stage, you may face the risk of being sentenced to actual imprisonment.

In particular, since attempt is also punishable in this matter, if you are involved in such a case, you must establish an active and strategic response plan and actively clarify your position from the Police Investigation stage to resolve the matter quickly. Since the initial response is critical, the assistance of an expert who can help you respond strategically during the police investigation is extremely important.

At LAWFIRM LEAP, since attorneys with experience at major law firms and as former police officers handle the case, we understand the police's perspective better than anyone and can propose the best method to conclude the case with a Suspended Indictment at the investigation stage.

Whether or not you choose us, please take just three minutes to read through today's discussion and seek out legal counsel who can secure leniency from the investigative authorities to find a way to reduce the sentence for attempted quasi-rape.

01You Must Prepare for Excessive Sentencing in Attempted Quasi-Rape Cases

The crime of quasi-rape, defined under Article 299 of the Criminal Act, applies to a person who commits sexual intercourse or indecent acts by taking advantage of a person's state of unconsciousness or inability to resist. If this offense is established, a sentence of at least three years' imprisonment may be imposed. Furthermore, since attempt is also punishable in this matter, you must not respond carelessly and should prepare to defend against the sentence and avoid a criminal record for a sex offense.

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

A person who commits sexual intercourse or an indecent act by taking advantage of another's state of unconsciousness or inability to resist shall be punished by imprisonment for a limited term of at least three years.

To this end, it is important first to properly understand the requirements for establishing this offense. This offense applies to cases where sexual intercourse or an indecent act is committed while the other person is unconscious or unable to resist, such as being intoxicated or unable to make normal judgments.

In other words, if you intentionally engaged in sexual intercourse without confirming the other party's consent by taking advantage of their state of unconsciousness or inability to resist, you will be punished for this. Since even an unconsummated attempt is punishable, if the act was left incomplete, there must be mitigating circumstances showing that you voluntarily stopped the situation in order to reduce your legal liability. Therefore, depending on the circumstances, the assistance of an expert who can find a favorable sentencing solution is necessary.

However, if the other party was in a condition to fully express consent and the act was attempted by mutual agreement but left incomplete, or if sexual intercourse did not occur at all yet you were later accused of attempted quasi-rape, you must quickly clarify your innocence and respond so as not to be excessively punished and branded as a sex offender.

In particular, in this matter, a sex offense punishment may be imposed even in an attempted case, and if a sentence of a fine or heavier is handed down, a criminal record as a sex offender will result. Even if you avoid detention in court, if the sentence is a fine or heavier, issues such as registration or disclosure of personal information, employment restriction orders at certain institutions, or the requirement to wear an electronic monitoring device may arise.

Therefore, to protect against a criminal record, it is important to obtain a ruling of being Cleared of Suspicion or a Suspended Indictment by preparing a careful and systematic position consistently from the police investigation stage.

03Practical Ways to Lower the Sentence for Attempted Quasi-Rape

In this matter, you must avoid gaining a criminal record as a sex offender by securing a Suspended Indictment or proving innocence. To do this, you must first closely analyze the victim's statement and complaint to carefully examine the other party's claims. Being accused does not mean the punishment will automatically be recognized, and if inconsistencies in the other party's claims regarding the circumstances of the incident can be argued, legal liability can be reduced.

In particular, for attempted quasi-rape, the circumstances leading to the attempt are important. Whether the act was voluntarily stopped or forcibly halted due to external factors can affect the sentence, and the mitigating factors that may lead to leniency such as a Suspended Indictment will also vary.

Therefore, you should seek the assistance of an expert attorney to find the best response strategy for each situation. For example, if you intended to have consensual sexual intercourse with the other party but they became too intoxicated and lost consciousness, resulting in no sexual activity taking place, to prevent punishment for attempt, you must find evidence proving that you entered the lodging establishment together with mutual consent.

In addition, you must sufficiently explain in your statement the reasons why you believed the other party was not in a state of unconsciousness. You should specify and consistently argue the other party's words or actions that led you to understand there was full conversation and mutual positive agreement regarding the encounter.

It is also necessary to prove, through CCTV footage from the lodging establishment or witness statements, that the other party walked in under their own power and expressed consent, and that this shows they could not have been in a state of unconsciousness. To this end, it is important to find evidence, with the assistance of legal counsel, showing there was no intent to commit a crime and that the other party was not so intoxicated as to be unaware of the situation.

Also, even if there was intent to take advantage of the other party's state of unconsciousness, if you voluntarily stopped the act, resulting in an attempt only, you should argue this point to receive consideration for mitigating circumstances. You should also express your intent never to reoffend and pursue prompt settlement with the other party to secure a Suspended Indictment.

Above all, rather than denying the charge in your initial statement, if the charge appears likely to be established, showing an attitude of acknowledging the offense and expressing remorse can be considered a strategic approach to obtaining leniency. Additionally, to complete a settlement, you should offer a sincere apology to the other party and determine an appropriate settlement amount as compensation, so that the settlement proceeds smoothly during the investigation stage.

Since our attorneys at LAWFIRM LEAP have experience working at Kim & Chang and Bae, Kim & Lee, the largest law firms in Korea, we can say we have broadly encountered various types of sex crime cases. In addition, as former police officers, our attorneys have an in-depth understanding of how police handle quasi-rape cases.

Based on this experience at major law firms and in the police, LAWFIRM LEAP ensures that the attorney in charge personally accompanies the case from start to finish, providing the best possible assistance needed.

Because we understand your desperate situation better than anyone, we promise to mobilize all our know-how and do our utmost to help you.

If today's information alone has not provided a solution, please feel free to contact us at any time. To ensure you do not miss the golden hour, we will act swiftly to establish an initial investigation strategy and accompany you to the questioning so that the police investigation proceeds smoothly.