Memory Blackout from Alcohol and Drugs… Acquitted of False Accusation

Case Overview

The defendant, after having sexual relations with a man who was her partner and later the complainant, reported it as rape and was subsequently indicted for false accusation. The Prosecution concluded that although the two had engaged in consensual sex, the defendant had deliberately framed the other party as a criminal on the basis of false facts. The defendant was accordingly charged with false accusation under Article 156 of the Criminal Act, and the issues turned on whether the defendant acted with intent and whether her petition was truthful.

Our Strategy

In this case, I built the defense around the fact that the defendant had consumed a substantial amount of alcohol and drugs at the time and was experiencing a near-blackout gap in memory. I emphasized that the defendant's petition to the police was not a 'spreading of false facts' but a situational judgment based on her own fragmentary memories and sensations. In particular, I submitted as evidence the notes the defendant wrote herself immediately after the incident and her conversation records with people around her, objectively supporting the absence of intent. The court accepted all of these circumstances and acquitted the defendant. This case showed that anyone can be exposed to the risk of a false-accusation charge, and I will continue to fight to the end for those who have been wrongfully accused.

Result · Acquittal

Memory Blackout from Alcohol and Drugs… Acquitted of False Accusation

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.