You May Still Face Actual Imprisonment for Statutory Rape of a Minor, Even With a Settlement!

Among those reading this article, some of you may have been booked on suspicion of statutory rape of a minor.

This offense inevitably carries a heavier sentence than rape under the Criminal Act. Since minors are a vulnerable group requiring social protection, if the victim is a minor, the severity of punishment increases, and the likelihood of leniency decreases.

However, if you were involved in this matter without knowing the other party was a minor after having sexual relations, you should seek professional assistance to find ways to minimize your legal liability.

Considering the other party's speech, behavior, tendencies, and other factors comprehensively, if you cannot prove that you were unaware of the possibility that the other party was a minor, your chances of avoiding punishment are low.

However, if you genuinely did not know until the end, and the circumstances were such that anyone would have found it difficult to tell, it is important to respond appropriately from the initial police investigation stage with the assistance of an attorney specializing in sex crimes.

With that in mind, today we would like to share effective strategies, based on LAWFIRM LEAP's expertise and track record of successful outcomes, for those facing punishment in relation to this issue.

We will provide a comprehensive summary of the criteria for establishing rape of a minor, the level of punishment, and ways to receive leniency, so we recommend you focus for just 3 minutes from here.

01Facing Actual Imprisonment for Statutory Rape of a Minor?

If you are facing punishment on suspicion of sexually assaulting a 'minor,' you may fear receiving actual imprisonment, but the first thing you should do is review the complaint and the victim's statement, among other things.

In most such cases, either the other party's parents discover the situation and file a complaint, or the relationship was concealed from the fact that the other party was a minor, and money is later demanded using this as leverage.

If, in this matter, the charges are found to be substantiated under the Act on Special Cases Concerning the Punishment of Sexual Crimes or the Act on the Protection of Children and Youth against Sex Offenses, the level of punishment increases significantly.

And if a charge of rape against a person under 13 is substantiated, the offender may be sentenced to life imprisonment or imprisonment for at least 10 years.

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

Therefore, if you receive a complaint after a case is filed, you should first carefully review your situation and obtain the assistance of an expert who can help determine the appropriate legal position.

If you were completely unaware that the other party was a child or minor, you should look for evidence to prove this, such as call records, message exchange history, or the circumstances at the scene on the day of the incident.

However, even if you obtained consent, this does not necessarily mean you can be cleared of the charge.

If sexual violence was committed against a minor through violence or intimidation involving coercion, this is clearly subject to punishment, so you must quickly find ways to defend against the sentence.

02If the Victim Is Under 16, You Are Subject to Punishment Even With Consent

If the other party is under 16 years of age, 'statutory rape' is established even with consent, so you cannot avoid punishment.

In this matter, since children and minors are deemed unable to exercise sexual self-determination on their own, they are subject to criminal punishment regardless of consent.

Once a complaint is filed on this charge, there is a high likelihood that an arrest warrant will be issued and the investigation will proceed with the suspect in custody.

This is to prevent the suspect from continuing to contact the minor or causing secondary harm.

Therefore, to prevent a transition to a custodial investigation, you must clarify in your initial statement such points as: that your involvement in this matter was not intentional or habitual, that you actively cooperated with the investigation, and that you are remorseful and reflecting on your wrongdoing.

Only then can you find ways to minimize your legal liability for the charge while being investigated without detention.

While in custody, it is not easy to freely meet with a legal expert to devise a strategy to resolve the situation.

Therefore, in this matter, it is wise to promptly obtain the assistance of an attorney specializing in sex crimes to conduct an objective analysis before proceeding.

03To Prevent Actual Imprisonment for Statutory Rape of a Minor and Receive Leniency

To receive leniency in this matter, you must prove that you did not know the other party was a 'minor' and that the relationship was consensual.

However, this is, in reality, difficult to prove.

Therefore, you should seek countermeasures with the assistance of an attorney specializing in sex crimes against minors.

And realistically, if conditional intent is found to be established, you must admit wrongdoing and show remorse from the early stages of the investigation for there to be any chance of leniency.

If you do not want to receive leniency in the form of a prison sentence, you must reach a settlement with the victim immediately.

However, since there are many difficulties in reaching such a settlement, you should proceed with the process, including drafting the settlement agreement, through legal counsel with extensive experience handling this type of case.

Furthermore, since you must submit various sentencing mitigation materials, you need to provide a detailed account of the circumstances under which you met the minor, the process leading up to conversation, meetings, appearance, and sexual conduct, and find arguments and evidence showing that there was no reasonable basis to suspect the other party was a minor.

Only then can you receive a suspended indictment and avoid a criminal record, as well as prevent security measures such as registration and disclosure of sex offender personal information, employment restriction orders at certain companies, and electronic monitoring.

In addition, you may write a handwritten letter of reflection and ask family members or acquaintances to submit petitions for leniency.

Voluntarily undergoing treatment or participating in counseling programs, as a way of demonstrating efforts to prevent recidivism, can also help you receive leniency.

In sex crime cases, the charge may vary depending on the specific circumstances and facts of the case, beyond what has been described today.

Even in the same case, which attorney you retain and how the initial response is handled play an important role in determining the outcome.

The attorneys at LAWFIRM LEAP are capable of comprehensively responding to civil and criminal disputes, drawing on experience handling a wide range of legal disputes at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms.

In particular, we have know-how in achieving leniency through establishing initial strategies in sex crime cases, so we can find a tailored approach for you.

Having handled numerous cases and met countless clients, we at LEAP understand well how desperate you, the reader, must be feeling right now.

Our criminal law experts, with backgrounds at major law firms and as former police officers, work tirelessly, from one-on-one consultations through trial defense, to find ways to minimize our clients' legal liability.

Therefore, if you wish to receive the minimum possible punishment in this matter and are looking for ways to avoid actual imprisonment, please consult with the experts at LEAP.

We will help you find the optimal solution tailored to your situation so that you can avoid actual imprisonment for statutory rape of a minor.

Thank you for reading this long article today.