In sex crime cases, statements and digital evidence decide the outcome

Sex Crimes Defense Matters We Handle

1. Rape and Quasi-Rape by Penetration — Sexual violation by means of assault or intimidationArticle 297 of the Criminal Act punishes raping a person by assault or intimidation with imprisonment for a fixed term of at least 3 years, and Article 297-2 punishes rape by penetration with a body part or object (other than intercourse) with imprisonment for a fixed term of at least 2 years. Rape taking advantage of a person's unconsciousness or inability to resist is punished with the same penalty (Article 299). The main issues are consent, the consistency of the victim's statements, and messages and movements before and after the incident.Organizing statements before questioning by investigative agencies · Responding to the detention warrant hearing · Analysis of the credibility of the victim's statements · Securing objective records such as messages and CCTV · Settlement and preparing sentencing materials
2. Sex Crimes Against Minors — Statutory rape provisions and special acts apply based on ageSexual intercourse or indecent acts with a person under 13 are punished on the basis of age alone, and the same provision applies when a person aged 19 or older has sexual intercourse with or commits indecent acts against a person aged 13 or older but under 16 (Article 305 of the Criminal Act). For crimes against children and juveniles, the Act on the Protection of Children and Youth against Sex Offenses (the “Youth Sex Protection Act”, 청소년성보호법) applies separately, with heavier penalties. The key issues are whether the person knew the other party's age and how the contact came about.Review of whether the person knew the other party's age · Analysis of chat and social media conversations · Responding to mobile phone forensics · Preparing sentencing materials and a plan to prevent reoffending · Review of the effect of registration and employment restrictions
3. Indecent Assault and Indecent Acts in Crowded Places — How the contact happened and the circumstances at the time are assessedIndecent assault is punishable under Article 298 of the Criminal Act by imprisonment for up to 10 years or a fine of up to KRW 15 million. Indecent acts in crowded public places such as public transportation or performance venues fall under Article 11 of the Sexual Violence Punishment Act. The Supreme Court holds that the force used need not be enough to make resistance difficult, so it is important to dispute the manner of the act and the circumstances concretely.Securing CCTV and dashcam footage · Identifying witnesses · Disputing how the contact happened and intent · Settlement · Preparing materials for leniency, such as suspension of indictment or suspension of sentence
4. Illegal Filming and Fake Sexual Videos — Filming, distribution, possession, viewing and deepfakes are all punishableFilming, against the person's will, a body that may cause sexual desire or shame is punishable by imprisonment for up to 7 years or a fine of up to KRW 50 million (Article 14(1) of the Sexual Violence Punishment Act). Possessing, purchasing, storing or viewing such footage is also punishable by imprisonment for up to 3 years or a fine of up to KRW 30 million. Creating, distributing, possessing or viewing fake sexual videos falls under Article 14-2.Responding to mobile phone and cloud forensics · Confirming the scope of recovery of deleted data · Confirming whether footage was distributed · Checking search and seizure procedures · Settlement with the victim and confirmation of deletion
5. Obscene Acts Using Telecommunications — Cases involving content sent by text, social media or messengerSending to another person, through a telecommunications medium, words, writing, images or similar content that cause sexual shame or disgust, for the purpose of arousing or satisfying one's own or another's sexual desire, is punishable by imprisonment for up to 2 years or a fine of up to KRW 20 million (Article 13 of the Sexual Violence Punishment Act). Whether there was a sexual purpose and what the context of the conversation was are disputed.Analysis of the full context of the conversation · Disputing the purpose requirement · Organizing mitigating factors for first-time offenders · Settlement process · Confirming whether registration is excluded if a fine is imposed
6. Sex Crimes Against Children and Juveniles — Sexual exploitation material cases carry no fine optionPurchasing, possessing or viewing child or juvenile sexual exploitation material is punishable by imprisonment for a fixed term of at least 1 year, and distributing or providing it by imprisonment for a fixed term of at least 3 years (Article 11 of the Youth Sex Protection Act). Rape of a child or juvenile is punishable by life imprisonment or imprisonment for at least 5 years (Article 7(1)). Because the penalties are heavy and additional measures such as registration and employment restrictions are broad, the early response is important.Checking the scope of the search and seizure warrant · Analysis of digital evidence · Review of whether material was distributed and of intent · Records of completing treatment and rehabilitation programs · Responding to employment restriction orders

1. Main Offense Types and Statutory Penalties

For sex crimes, the rape and indecent act provisions of the Criminal Act overlap with the Sexual Violence Punishment Act and the Youth Sex Protection Act. The applicable provisions and penalties vary greatly with the other person's age, the relationship, the means and the place.

For habitual offenders, the penalty is increased by up to one half of that prescribed for the crime under Article 14(5). Injuring a person or causing injury through rape or similar crimes is punishable by life imprisonment or imprisonment for at least 5 years (Article 301 of the Criminal Act).

2. Crimes Against Minors, Children and Juveniles

The younger the victim, the broader the range of conduct punished regardless of consent, and the heavier the penalties.

• Under 13 · Sexual intercourse and indecent acts are treated as rape or indecent assault under Article 305(1) of the Criminal Act, and Article 7 of the Sexual Violence Punishment Act punishes rape of a person under 13 with life imprisonment or imprisonment for at least 10 years.
• Aged 13 or older but under 16 · Article 305(2) of the Criminal Act applies when a person aged 19 or older has sexual intercourse with or commits indecent acts against such a person.
• Against children and juveniles · Article 7 of the Youth Sex Protection Act punishes rape by assault or intimidation with life imprisonment or imprisonment for at least 5 years, and indecent assault with imprisonment for a fixed term of at least 2 years or a fine of KRW 10 million to KRW 30 million.
• Sexual exploitation material · Article 11 of the same Act punishes production and similar acts with life imprisonment or imprisonment for at least 5 years, distribution or provision with imprisonment for a fixed term of at least 3 years, and purchase, possession or viewing with imprisonment for a fixed term of at least 1 year.
• Conversations for sexual exploitation · A person aged 19 or older who continuously or repeatedly engages in sexual conversations with a child or juvenile for the purpose of sexual exploitation is punishable by imprisonment for up to 3 years or a fine of up to KRW 30 million (Article 15-2).

3. Investigation and Trial Procedures and Changes from October 2, 2026

Investigations begin with a complaint, a report or the agency's own detection, and in most cases judicial police officers question the suspect, take voluntary submission or conduct search and seizure of mobile phones, and interview the victim. The suspect may request that counsel be present during questioning, and the judicial police officer must allow it unless there is a justifiable reason (Article 243-2 of the Criminal Procedure Act).

1. Investigation · Questioning, forensics, and applications for arrest or detention warrants where necessary. Warrants are requested by the prosecutor.
2. Referral · In ordinary cases, if a judicial police officer does not find the charge supported, the officer may send the documents to the prosecutor without referring the case (Article 245-5 of the Criminal Procedure Act), but sexual violence crimes are all referred to the prosecutor under Article 26-2 of the Sexual Violence Punishment Act.
3. The prosecutor's decision · The prosecutor requests supplementary investigation if necessary (Article 197-2 of the Criminal Procedure Act) and decides whether to indict. The duties of prosecutors of the Prosecution Service include deciding whether to file and maintain charges and requesting warrants (Article 4 of the Prosecution Service Act); the Office is not an agency that investigates directly.
4. Trial · If charges are filed, trial is held in court, and if the defendant is found guilty, additional measures are set along with the sentence.

The victim may retain an attorney, who may attend the investigative agency's interview of the victim and state opinions (Article 27 of the Sexual Violence Punishment Act). If the victim is under 19 and has no attorney, the prosecutor must appoint a state-appointed attorney.

4. Additional Measures After a Conviction Becomes Final

Sex crimes are often accompanied by separate measures regardless of the type of sentence, and these weigh as heavily as the sentence itself.

For this reason, whether the outcome is a fine, a suspended sentence (officially “suspension of execution of sentence”) or a suspension of indictment makes a large difference to one's career and life.

5. Practical Issues and Defense Strategy

• Cases where the statement is the only evidence · The Supreme Court holds that where the victim's statement is the only direct evidence, its credibility is judged by considering together whether the main parts are consistent and specific, whether they accord with logic and common experience, whether they contradict objective facts, and whether there is a motive to lie, but that the statement must not be rejected merely because of minor inconsistencies. So to dispute the charge, specific contradictions must be pointed out with objective evidence.
• Assault or intimidation in indecent assault · Current case law holds that it need not be enough to make resistance difficult and that an unlawful use of physical force is sufficient. The overall circumstances, such as the purpose, manner and background of the act and the relationship, are disputed.
• Digital evidence · When voluntarily submitting a mobile phone, first decide the scope of submission and whether to attend the forensic analysis. Deleting data on one's own can instead be assessed unfavorably.
• Settlement · Settlement greatly affects the disposition and sentencing, but if the suspect contacts the victim directly, it can lead to secondary harm or additional complaints, so the rule is to proceed through counsel.
• False accusations · When denying the charge, contradictions in the statements are organized using movements by time, conversations, and payment and travel records, and the possibility of false accusation is also reviewed if necessary.

Key Court Decisions

Supreme Court en banc Decision 2018Do13877, decided September 21, 2023

The Court held that the assault or intimidation in indecent assault need not be enough to make the other person's resistance difficult, and that an unlawful use of physical force against the other person's body, or an announcement of harm sufficient to cause fear, is enough.

Supreme Court Decision 2024Do12324, decided November 28, 2024

The Court held that in sexual violence cases where the victim's statement is the only direct evidence, its credibility must be judged carefully by considering together its consistency and specificity, whether it accords with common experience, whether it contradicts objective facts, and any motive to lie, and that it cannot be lightly rejected merely because of minor inconsistencies.

Frequently Asked Questions

Related Legal Guides

Criminal Defense Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026