Case Record · Sex Crimes
[Statutory Rape of a Minor] Defended with Not Referred to Prosecution for Camera-Based Filming Charge and Suspended Sentence
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Case Summary
The client exchanged messages with a person he met on social media and later met in person and had sexual intercourse. The other party was a minor under the age of 16. Shortly after the meeting, the situation was reversed when the victim's side reported the matter to the police. In the initial report and investigation, the victim stated that the client had assaulted her and forced her into sexual intercourse, and had secretly filmed the scene without her consent. The client was booked on two charges: statutory rape of a minor combined with camera-based filming, and faced not only far harsher punishment than his actual conduct warranted, but also concerns about detention and disclosure of personal information.
Key Issues in This Case
From the first investigation, the client admitted to and confessed the fact of sexual intercourse. Sexual intercourse with a minor under 16 is punishable as statutory rape of a minor regardless of consent, so this point was not in dispute. However, the allegations that the act involved assault and forced conduct, and that filming had occurred secretly, were not true. In sex crime cases, the victim's statement serves as powerful evidence. If the content of the initial report were left unchallenged, the client would have had to bear responsibility for conduct he did not commit. If the filming charge were also found guilty, the sentence would be aggravated, and the burden of ancillary dispositions such as disclosure and notification of personal information and employment restrictions would be far greater. Immediately upon taking the case, LEAP established a strategy of separating the parts to be acknowledged and reflected upon from the parts that had to be disputed, and of resolving the matter at the early stage of the investigation.
LEAP's Solution
Immediately upon receiving the case, LEAP drew on its accumulated experience and expertise to thoroughly review the background of the case and related materials from the very beginning. Based on the objective facts, LEAP identified the key issues in the case and established a defense strategy tailored to each stage of the investigation and trial.
① Reconstructed the timeline of how the two met and the conversations before the meeting
LEAP meticulously reconstructed, in chronological order, the entire process from the first contact between the two to the actual meeting, and thereby uncovered the actual circumstances.
As a result, LEAP established that the two had agreed in advance on the acts and manner of the meeting, and in particular, proved that the conduct identified as assault in the report was also related to a method discussed in advance between the two.
LEAP emphasized that a case should not be judged based on fragmentary statements alone, and focused on clarifying the overall context of the conversations that had continued from before the actual meeting.
② Confirmed the circumstances of the filming and the existence of any actual recording through objective materials
LEAP gathered without omission all relevant materials that could support the facts, such as posts and messenger conversation records, and specifically explained the circumstances of the filming and the absence of any actual recording.
③ Focused on establishing the discrepancies between the initial report and the objective materials
Based on the materials it secured, LEAP actively responded from the early stage of the investigation.
In particular, LEAP closely compared the content of the initial report with the messenger conversations before and after the meeting, related posts, and the objective circumstances at the time. Through this, LEAP specifically identified the parts that could not be fully explained by the report alone and the points that did not align with the objective materials, and presented these to the investigative authorities.
LEAP consistently emphasized that the case should not be judged based on a few scenes or fragmentary statements, but should be comprehensively examined, including the process by which the relationship developed, the conversations exchanged beforehand, and the circumstances of the actual meeting.
④ Responded to the demand for severe punishment at trial while achieving a settlement through a sincere apology
During the trial, the other party submitted a petition demanding severe punishment, arguing that the client had approached her with a plan and psychologically dominated her.
LEAP specifically analyzed the circumstances under which the two began communicating, the content of their conversations before the meeting, the decision-making process, and the actual nature of the relationship, and rebutted point by point the claim that the client had unilaterally psychologically dominated the other party, showing that this claim was difficult to accept given the objective circumstances.
At the same time, without confining itself to a purely legal defense, LEAP fully conveyed the client's sincere reflection and apology, taking seriously the discomfort and hurt the other party must have felt as a result of the incident. As a result, LEAP was able to reach an amicable settlement with the other party through smooth communication.
Case Outcome
DISPOSITION
Not ReferredAs a result of LEAP's active response, the client received a Not Referred to Prosecution decision on the camera-based filming charge at the Police Investigation stage.
The investigative authorities determined that the filming in question had not been conducted against the other party's will, but had occurred pursuant to a prior agreement and consent between the parties. In addition, the allegations of assault and coercion made at the time of the report were also excluded from the case.
However, the client was separately indicted on the charge of statutory rape of a minor. During the trial, LEAP faithfully explained the specific circumstances leading to the case, the relationship and conversations between the two parties, and the client's reflection and efforts toward restoring the victim. LEAP also actively rebutted, based on objective materials, the claims made in the other party's petition for severe punishment, while ultimately reaching a settlement through sincere apology and communication.
As a result, the court sentenced the client to two years' imprisonment with a three-year Suspended Sentence, and exempted him from the disclosure and notification orders for personal information.
As a result, the client avoided both courtroom detention and actual imprisonment, and gained the opportunity to continue his social life and start anew.
Why You Need the Help of a LEAP Attorney
Sex crimes against minors under the age of 16 are punishable regardless of mutual consent. This is a serious crime carrying a very high statutory penalty. In sex crime cases, the victim's statement serves as powerful evidence, so if inaccuracies contained in the initial report are not corrected at an early stage, they can lead to punishment far more severe than the actual conduct warrants.
In this case, LEAP attorneys traced objective records such as posts and conversation logs in chronological order to remove the false charges at the investigation stage. Where acknowledgment was warranted, LEAP led the client to sincere reflection and efforts to restore the victim. Because the outcome of a case can be entirely different depending on who handles it and how at the early stage, we recommend seeking the assistance of LEAP attorneys, who have a proven track record of success in similar cases.
Case outcomes may vary depending on the specific facts and evidence, so it is important to organize records and identify the issues from an early stage.