Elderly Sexual Assault: Defense Against Detention Is an Urgent Matter

We are LAWFIRM LEAP, where three attorneys with backgrounds at major law firms and the police form a single team to handle cases.

If you are reading this, you may be facing an upcoming police investigation on charges of sexual assault.

In particular, if the victim is elderly or otherwise a socially vulnerable person, the severity of the offense is considered higher, resulting in strong punishment.

Under the Criminal Act, rape carries a statutory minimum sentence of three years' imprisonment, and since no fine option is available, if the charge is established, there is a high likelihood of detention.

Moreover, if the victim is elderly and has suffered serious physical or psychological harm as a result of the incident, defending against detention can become difficult.

Therefore, in this type of case, an early response strategy for the police investigation must be prepared promptly in order to prevent detention and obtain a suspended sentence.

Otherwise, you may end up serving a prison term branded as a sex offender.

For this reason, you should seek the assistance of a specialized attorney who properly understands the investigation process and can establish the best defense strategy.

With that in mind, today the specialized attorneys of LAWFIRM LEAP, who have experience at major law firms and in the police, would like to present ways to favorably explain the charges in cases of elderly sexual assault.

If you spend just three minutes reading the article below, you will find a way to avoid imprisonment and obtain leniency.

After reading this article, if you need legal representation, please request a consultation with a legal representative at LAWFIRM LEAP.

01What is the level of punishment for elderly sexual assault?

Crimes such as sexual assault are subject to the crime of rape under the Criminal Act, and if the charge is established, a sentence of three years or more of imprisonment may be imposed.

For this crime to be established, violence or intimidation must have been used.

In other words, if the other party clearly and actively expressed refusal but sexual intercourse was forced upon them, the charge is established.

02Article 297 of the Criminal Act (Rape)

A person who rapes another through violence or intimidation shall be punished by imprisonment with labor for not less than three years.

Furthermore, even if intercourse did not occur, if similar sexual acts were forced using violence, intimidation, or by exploiting a state of unconsciousness or inability to resist, this is also subject to the crime of quasi-rape, which carries a minimum sentence of two years' imprisonment.

Here, unconsciousness refers to impaired mental function due to the effects of alcohol or drugs, while inability to resist refers to a state in which the ability to resist a sexual violation is impaired due to sleep or other reasons besides unconsciousness.

If these legal elements are met and the charge is established, the risk of detention is high, so an initial strategy must be carried out in a more systematic manner from the outset.

Furthermore, whether force was used should be assessed based on legal standards, and if the charge is established, one must defend against imprisonment by obtaining a suspended sentence.

To do this, it is important to prove during the investigation that the act was not intentional, and based on this, one must show that the matter arose from an accidental mistake in order to lower the severity of the offense.

In sex offense cases, the presence or absence of intent can vary depending on how the initial strategy is set and what statements are made, so it is important to properly understand this and seek the assistance of an expert who can obtain the maximum possible leniency.

03Elderly sexual assault: How can leniency be obtained?

In this type of case, the victim is elderly, and if, for whatever reason, the fear, trauma, or physical harm suffered by the victim due to the sexual assault is severe, it may be difficult to obtain leniency.

In particular, if a suspended sentence is handed down, protective measures may also be imposed in addition to the sentence itself, and registration and disclosure of personal information as a sex offender, mandatory electronic monitoring, employment restriction orders, and visa issuance restrictions may follow, so a defense against these consequences is necessary.

First, if the sexual assault was in fact committed through force, and there is a victim statement and medical certificate, it will be difficult to deny the charge. In such cases, one should acknowledge the wrongdoing and show remorse during the police investigation stage.

In addition, it is advisable to promptly reach a settlement before the prosecutor decides whether to indict, once the investigation has concluded.

If it is recognized that you have asked for the victim's forgiveness, offered a sincere apology, and actively worked to compensate for the harm, and if the victim submits a statement of non-punishment as a result, this may be taken into account as a mitigating factor.

However, since navigating this process is not easy, one should proceed carefully and strategically together with legal counsel from the outset, avoiding an emotional response.

In this type of case, the severity of the offense and its perceived gravity can change substantially depending on the circumstances of the incident and how it is subsequently handled, so the initial response must be carried out properly within the golden time period.

With the assistance of an attorney experienced in criminal investigations, the analysis of sentencing materials and the level of punishment can be changed.

You should also argue that the act was not premeditated or intentional, that you are genuinely remorseful and that the victim has agreed to settle and expressed a wish for non-punishment, and that an actual prison sentence could cause you to lose your job and threaten your livelihood.

Since individual sentencing materials can vary considerably depending on the circumstances, you should seek the assistance of an attorney from the early stages and respond with the goal of minimizing punishment.

Because we have experience conducting investigations ourselves, we are able to respond effectively to investigations.

The attorneys at LAWFIRM LEAP are sex offense specialists with experience at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee, as well as backgrounds in the police, and possess in-depth expertise in responding to investigations, having handled numerous initial investigations in sex offense cases.

Therefore, if you work with LAWFIRM LEAP, we will provide the best possible assistance from the beginning to the end of your case and devise the best possible defense to prevent your detention on rape charges.

We at LEAP understand your situation and your urgent concerns better than anyone.

Accordingly, we will mobilize all of our legal knowledge and expertise to do our utmost to find a way to resolve your situation, so please trust us with your case.

If today's article alone has not provided you with a solution, please feel free to contact us at LEAP at any time.

We will find a customized solution suited to your situation and stand by you as a reliable ally throughout the investigation process.

Thank you for reading this lengthy article.