Sex Crimes

Do not fix the interview date on the spot. First confirm the case number, the substance of the allegation, and whether you are summoned as a suspect or a witness. You may request a schedule adjustment; use the time to organize the facts with counsel. In sex-crime cases the parties' statements are often the decisive evidence, so ask for your attorney to attend (Criminal Procedure Act art. 243-2) and correct the written record before signing.

Yes. Indecent assault by force (Criminal Act art. 298) carries up to 10 years' imprisonment or a fine of up to KRW 15 million, and first-offender status is only one sentencing factor. Courts weigh the manner of the act, the harm, the victim's stated wishes, and post-offense conduct together; aggravated provisions apply where minors or abuse of authority are involved. How the facts are framed early matters more than first-offense status.

Rape (art. 297) requires violence or intimidation; quasi-rape (art. 299) punishes exploiting a state of unconsciousness or inability to resist — with the same statutory range (a minimum of 3 years). In quasi-rape cases the dispute centers on whether the complainant was in fact unable to resist and whether the accused knowingly exploited it, so contemporaneous messages, CCTV, and witness accounts often decide the case. Preserve them early.

Sex offenses have not required a victim's complaint since 2013, so a settlement alone does not end the case; however, the victim's expressed wish not to punish is weighed meaningfully at charging and sentencing. In digital cases (Sexual Violence Punishment Act art. 14), takedown and deletion efforts are assessed alongside. Never contact the victim directly — approach only through counsel, or it may be treated as secondary harm or coercion.

Yes. Detention turns on the gravity of the offense and the risk of flight or evidence destruction (Criminal Procedure Act art. 70), not on prior record. Offenses against minors carry heavy statutory ranges, so warrants are sought even against first offenders — especially where digital evidence is central. Once a warrant is requested, the review hearing usually follows within a day or two; prepare supporting materials with counsel beforehand.

Because many sex-crime cases are decided on the credibility of competing statements rather than physical evidence. Courts treat consistency as the core credibility test: even small shifts between your first police statement and later testimony read as reversal. The gravest mistake is filling uncertain memory with guesses. Separate what you know from what you don't, and organize a timeline with counsel before the interview (art. 243-2 allows counsel to attend).

Within the scope of the warrant, forensics can reach messages, photos, videos, call and location records, and recovered deleted data. Searching beyond the stated allegation is unlawful, and you and your counsel may attend the examination and object to irrelevant exploration (Criminal Procedure Act arts. 121, 219). Even for a voluntary submission you may limit its scope — confirm both scope and procedure with counsel before handing over the device.

Broadly three routes: inconsistencies that undermine the complainant's account; objective circumstances — messages before and after, the context of the meeting — indicating consent; or failure to specify the alleged facts. None of these surfaces on its own: the defense must preserve evidence early and frame the issues in written opinions. Abrupt reversals or contacting the complainant work against you.

They differ. Registration (Sexual Violence Punishment Act art. 42) follows a final conviction for a registrable offense as a matter of law. Employment restrictions for child- and youth-related institutions (Juvenile Protection Act art. 56) and disclosure orders are set — or waived — by the court after assessing recidivism risk. Even where guilt is hard to contest, these ancillary orders are a separate battleground worth preparing for.

Before the first police interview. Because the credibility of the first statement shapes every later stage, engage counsel as soon as you learn of a complaint or receive a summons. If you have already been interviewed, written opinions, supplementary statements, and evidence preservation can still adjust course. Bring a timeline and your message history to the first consultation.