Sex Crimes Defense Center · Procedure Guide

A false sex crime complaint is fought with records, not emotions

It is not unusual for a complaint filed after a breakup, a misunderstanding over drinks, or an argument in a game chat to turn into a sex crime case. But expressing how unfair it is does not change the outcome. You need to prove with materials where the complainant's statements do not hold together.

What to do right now

  1. Preserve conversations and photosDo not delete any messages, photos or call history exchanged with the other person. How the relationship developed is itself evidence.
  2. Refrain from contactExplaining your side to the complainant or asking them to withdraw the complaint can be interpreted as persuasion by improper means or threats.
  3. Identify witnessesThe memories of people who were there that day fade over time, so check with them quickly.
  4. File for false accusation only after the outcomeFiling a counter-complaint for false accusation before the sex crime case ends looks like retaliation. It is usually considered after a no-suspicion decision or an acquittal.

What the court looks at in deciding whether to believe a statement

This is a type of case in which a conviction can rest on the victim's statement alone. So the court examines whether the core of the statement has been consistent throughout, whether it is specific and makes common sense, and whether there is any reason to lie deliberately. A defense seeking acquittal works to reveal, against these standards, where the statement falls apart.

Common elements in cases where DAEON Law Firm obtained acquittals or no-suspicion decisions

  • Statement comparison chart · We compared the complaint, police statements and court testimony side by side and pointed out where the time, place, number of incidents and manner changed.
  • Subsequent conduct · We presented behavior contradicting the allegations, such as going on outings together and attending family events together right after the alleged harm.
  • Context of conversations · In a case of obscene communication through telecommunications media, we submitted the entire conversation as evidence to explain that there was no sexual purpose.
  • Rediscovering the first statement · We found that the complainant had initially responded favorably and showed the circumstances that led to a mistaken belief in consent.

Frequently Asked Questions

If the complainant withdraws the complaint, does the investigation stop?
Most sex crimes, such as rape and indecent assault, are not offenses requiring a complaint for prosecution, so the investigation and trial continue even after withdrawal. However, the circumstances of the withdrawal and the complainant's wish that you not be punished can be reflected in the decision.
If I am acquitted, can I be compensated for my attorney's fees?
Once an acquittal becomes final, you can apply for cost compensation, separate from criminal compensation, and receive part of the costs incurred during the trial from the state.

Related Guides

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.

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