Cleared on Suspicion of Alleged Sexual Assault
The client in this case was investigated for the alleged quasi-rape — taking advantage of another’s condition of unconsciousness or inability to resist — of a woman who claimed that he took advantage of her intoxicated state, with the knowledge that she may not have accepted his advances if she had been sober. The legal experts at Pureum Law Office (PLO) did their best to plead the client’s innocence and refute evidence from the investigation. Consequently, our client was eventually cleared of suspicion on alleged sexual assault and was able to return to his everyday life in Korea.
Conclusion: Unfortunately, claims of sexual assault are not rare these days. While it is a very serious crime to be accused of, it is still possible to prove one’s innocence and receive a verdict of non-indictment.
Alleged Sexual Assault FAQs
What is “quasi-rape” under South Korean law?
Quasi-rape refers to sexual acts committed by taking advantage of a person’s state of unconsciousness or inability to resist, such as severe intoxication or sleep, where the individual cannot give valid consent.
Can an allegation of sexual assault be dismissed before going to trial in Korea?
Yes. If the defense successfully refutes the investigation evidence and proves lack of intent or absence of taking advantage of the accuser’s condition, the prosecution can issue a non-indictment verdict, dropping all charges before a trial occurs.
What should foreigners residing in South Korea do if accused of a sexual offense?
It is critical to seek immediate legal counsel from Korean legal experts experienced in handling cases involving foreign nationals. A defense team can assist in navigating police investigations, gathering exonerating evidence, and protecting your legal rights and residency status.
Thank you for reading this case study on cleared of suspicion in alleged sexual assault. Visit our other pages and blog for more useful tips and legal advice for foreigners and expats residing in South Korea.
ATTORNEY | Founding Partner
Leveraging his vast experience and comprehensive knowledge, Simon has become an invaluable resource for foreigners facing a wide array of legal issues in Korea.
