In this case, our client had consensual intercourse with the victim; however, the victim changed her attitude after the fact and filed a criminal complaint with the police, claiming that she incurred health damage because of our client.
To this, PLO responded by providing a detailed explanation of the events preceding the sexual intercourse between the client and the victim and the circumstances surrounding the intercourse, etc. PLO actively demonstrated that the victim’s statements were inconsistent and contradictory to common sense and to each other, thereby making the investigator finalize the case with a decision of ‘insufficient proof.’
Thus, in a sex crime case, when the only evidence is the victim’s statement, it is possible to avoid a false accusation of a sex crime by challenging the victim’s claims as much as possible and actively asserting that the sexual intercourse between the two parties happened by consent.
Especially in the case of foreigners, even if such a foreigner is only ordered to pay a fine after having been convicted of the sex crime, the foreigner will unconditionally be deported, so when it is clear that you did not commit the crime, it is imperative that you do not make a settlement with the victim and that you claim your innocence until the end so that charges against you get dropped.
Korean lawyers might not know the Immigration Act well, and they might advise their client to make a settlement with the victim in the case of a minor sexual offense (indecent act by compulsion, etc.) because the offender then only receives a fine. However, we should remember that if the foreigner follows such advice and settles the case with the victim, even though the criminal case gets resolved amicably, the foreigner still can receive a departure order as a result of a review of the foreigner’s case by the Immigration authorities.