Case Record · Sex Crimes
[Statutory Rape of a Minor] Defense Resulting in Not Referred to Prosecution at the Police Stage
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Case Details
Although the client was an adult, he was investigated by law enforcement on charges of enticement for the purpose of sexual intercourse and statutory rape of a minor, based on a third-party report and a report filed by the school attended by the victim. The allegation was that, in order to have sexual intercourse with the victim, who was 15 years old at the time of the incident, he deceived her by suggesting they drink with an acquaintance, then lured her to a motel and engaged in sexual intercourse.
Client's Request
The victim, who was 15 years old at the time of the incident, stated during the investigation that the acquaintance who was supposed to join never came, for some reason, and that the suspect forced her into unwanted sexual intercourse. Based on the victim's statement, witness statements, and the content of the report, the investigative agency concluded that the charges of enticement for sexual intercourse and statutory rape of a minor were substantiated and proceeded with the investigation. Depending on the outcome of the investigation, the client faced a serious situation that could have resulted in actual imprisonment.
Accordingly, the client came to us at LEAP in an effort to resolve this situation.
LEAP's Solution
As soon as we at LEAP took on the case,
① We began with a microscopic analysis of the entire case based on LEAP's own know-how.
② In particular, we searched for elements that could refute the charges themselves regarding enticement for sexual intercourse and statutory rape of a minor.
Based on our analysis, we identified the key to resolving this case as follows:
First, the fact that the minor had introduced herself as 17 years old, and that this occurred after the enactment of the Age Calculation Standardization Act
Second, although the victim stated to investigators that the sexual intercourse was unwanted, in reality, contrary to her statement, she continued to contact the client first even after the investigation began.
We responded strategically to prove that neither the enticement for sexual intercourse charge nor the statutory rape of a minor charge was substantiated.
③ We at LEAP first reached a settlement through continued dialogue with the victim, who kept contacting the client, and had her correct her previous inaccurate statement.
Next, through dialogue with the victim, we obtained evidence that she had clearly told the client she was 17 years old when they met, and we proved that this occurred after the enactment of the Age Calculation Standardization Act.
Case Outcome
DISPOSITION
Not ReferredBased on LEAP's genuine efforts to help the client, we focused on establishing that the charge of enticement for the purpose of sexual intercourse did not constitute a crime at all, and that the charge of statutory rape of a minor likewise was not established.
As a result, the client received a Not Referred to Prosecution decision at the investigation stage, on the grounds of no suspicion regarding both the enticement for sexual intercourse charge and the statutory rape of a minor charge.
Why You Need the Help of a LEAP Attorney
First, in cases of enticement for the purpose of sexual intercourse, investigative agencies generally regard the nature of the offense as severe and impose strong penalties.
In addition, in cases constituting statutory rape of a minor, punishment applies regardless of whether the victim consented to the sexual relationship, and the applicable sentence is that of a serious felony.
Therefore, since the outcome can change entirely depending on who you work with and how you respond from the early stages of the case, we recommend seeking the assistance of a LEAP attorney with a proven track record of success and demonstrated skill 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.