Case Record · Sex Crimes
[Quasi-Rape] Suspended Sentence Secured in a Quasi-Rape Case Where Actual Imprisonment Was Highly Likely
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Case Details
The client was operating a training program at his place of business for trainees, including the victim. One evening, after drinking with the trainees, the client was accused of having sexual intercourse with the victim, who had fallen asleep while intoxicated and was in a state of being unable to resist, on multiple occasions or attempting to do so, and of indecently assaulting the victim by force the following day. The investigative authorities deemed the matter serious and indicted the client on charges of quasi-rape, attempted quasi-rape, and indecent assault by force.
Key Issues in This Case
The charges included allegations that the client committed the offense against a trainee he was personally instructing, and that he continued the conduct even after the victim expressed refusal. Given that the case involved a victim who was in an instructional relationship with the client, there was a strong likelihood that the nature of the offense would be assessed unfavorably. If a guilty verdict were finalized, the client would not only face criminal punishment but would also be subject to registration of personal information, and depending on the case and the sentence imposed, orders for disclosure and notification of personal information as well as an order restricting employment at related institutions could also be imposed. Thus, even if actual imprisonment were avoided, the client's career and social life as a whole could suffer serious disadvantages.
LEAP's Solution
LEAP took on the case just before trial, closely reviewed the entire investigation record and evidentiary materials, and systematically organized sentencing factors favorable to the client.
① Emphasizing the confession made from the early stage of investigation and the client's sincere remorse
From the outset, the client consistently admitted to his conduct during the investigation, even disclosing facts the victim had not specifically stated. LEAP specifically demonstrated that this attitude was not merely a litigation strategy to obtain a reduced sentence, but stemmed from sincere remorse and a willingness to take full responsibility by openly admitting wrongdoing.
②Detailed reconstruction of the circumstances of the offense and demonstration of the absence of premeditation
LEAP reconstructed in chronological order the events from the drinking gathering on the day of the incident through the following day. The client stated that he mistakenly interpreted certain physical contact by the intoxicated victim as a sexual overture, but LEAP clearly premised its argument on the understanding that this perception could differ from the victim's actual memory or intent.
On this basis, without justifying the client's misperception or misjudgment, LEAP explained, with reference to the objective circumstances, that this was not an offense planned in advance to exploit the victim's vulnerable state, nor one carried out after waiting for the victim to become intoxicated.
③ Reaching a settlement through sincere apology and restitution
The victim initially indicated an unwillingness to reach a settlement. LEAP took particular care to avoid placing any unnecessary burden or pressure on the victim, while respectfully conveying the client's sincere apology and willingness to make restitution.
As a result, during the course of trial, the victim accepted the client's apology and a settlement was amicably reached. LEAP was able to submit to the court a settlement agreement and a statement of non-punishment reflecting the victim's wish that the client not be punished.
④ Demonstrating low risk of reoffending through objective materials
LEAP specifically organized the circumstances necessary to assess the likelihood of reoffending, including the client's personal and social environment, the circumstances before and after the offense, and the client's remorse and efforts to prevent recidivism following the incident. LEAP also submitted objective supporting materials, thereby demonstrating from multiple angles that the client posed a low risk of reoffending.
⑤ Presenting grounds for a suspended sentence through analysis of comparable precedents
LEAP specifically compared this case with similar precedents in terms of the circumstances of the offense, degree of harm, whether a settlement was reached, and the defendant's remorse and likelihood of reoffending. LEAP also focused on demonstrating that each act in this case was not a repeated act carried out under a separate plan, and argued that this should be taken into account in sentencing.
Through this, LEAP presented the court with concrete legal and factual grounds for imposing a suspended sentence rather than actual imprisonment on the client.
Case Outcome
DISPOSITION
Suspended SentenceTaking LEAP's defense comprehensively into account, the court sentenced the client to 2 years and 6 months' imprisonment, suspended for 4 years. The court also did not impose any order for disclosure or notification of personal information, nor any order restricting employment.
Although this was a serious case involving multiple charges prosecuted together, with a maximum possible sentence of up to 22 years and 6 months' imprisonment, the client avoided actual imprisonment and courtroom detention and was able to return to daily life.
Why You Need the Help of an Attorney from LEAP
Quasi-rape is a serious felony subject to the same statutory penalty as rape, and both investigative authorities and courts assess its nature strictly. In practice, actual imprisonment is highly likely, and in cases where multiple sex offense charges are prosecuted together, the outcome is difficult to predict given the many sentencing factors to be considered, including the circumstances and frequency of the offense, whether restitution has been made, and the defendant's attitude.
In such cases, it is not enough to simply submit a formal letter of repentance or sentencing materials. The outcome of the trial can vary significantly depending on whether to contest or admit the charges, and if admitting, to what extent; how restitution and settlement are to be pursued; and what objective materials and legal arguments will be used to support circumstances favorable to the client.
Without downplaying the client's wrongdoing or treating the harm lightly, LEAP closely analyzed the specific circumstances of the case, the client's attitude from the early stage of the investigation, his sincere remorse, restitution efforts, and the likelihood of reoffending, and established its defense strategy accordingly. As a result, the client avoided actual imprisonment and received a suspended sentence, and no orders for disclosure or notification of personal information, nor any order restricting employment, were imposed.
In sex offense cases, statements and responses made at the early stage of the investigation can significantly affect the outcome of trial and sentencing. If you are facing investigation or trial for similar charges, it is important, from the earliest stage, to work with an attorney experienced in handling such cases to closely review the facts and evidence and establish a response strategy suited to the case.
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.