Sex Crimes Defense Center · Procedure Guide

Questioning as a sex crime suspect: what to sort out before you appear

In this type of case, what people say often decides the outcome more than videos or documents. Your first statement at the police station becomes a written record that continues to be referred to by the prosecutor and the court. If you receive a summons, create time to prepare first, even if it means postponing the date.

If you receive a summons by phone or text

When an investigator calls to ask about scheduling, it is better not to talk about the case. Simply answer, "I will consult my defense counsel and let you know a date." Repeatedly refusing to appear without reason can lead to a request for an arrest warrant, so coordinate the timing but do not avoid appearing.

Preparation before appearing

  1. Reconstruct the day hour by hourWrite down whom you met that day and why, and where you were and what you did. Leave blank any period you cannot recall, and do not fill it in with guesses.
  2. Gather supporting recordsCollect conversations, call logs, card receipts, and location records from taxi or map apps. Nearby CCTV is deleted quickly, so requesting its preservation comes first.
  3. Settle your approachDecide before questioning whether you will deny everything or admit part. Changing your account midway makes even your earlier statements hard to believe.

What to keep in mind during questioning

  • Counsel present · You can request that your defense counsel take part when you are questioned (Article 243-2 of the Criminal Procedure Act).
  • Right to remain silent · You have no obligation to say anything against yourself. Still, rather than simply staying silent, decide in advance which questions you will answer and which you will not.
  • Read the record before signing · When questioning ends, read it line by line, and request corrections before signing wherever it differs from what you actually said.

If they ask for your phone

In illegal filming (officially “taking photographs or videos by using cameras”), obscene communication through telecommunications media, and deepfake cases, requests to submit devices are common. If submission is voluntary, you can limit how much you hand over and be present during the analysis. If data unrelated to the case was opened without a separate procedure, the validity of that evidence can be challenged, so giving up your right to be present is a loss. Deleting data or performing a factory reset before submission can lead to suspicion that you destroyed evidence.

Frequently Asked Questions

Can't I just go alone first and explain my side?
The first questioning has the greatest impact. Since October 2, 2026, all sex crime cases are referred to the prosecutor, and the police records go along with them. It is safer to be accompanied by defense counsel from the start.
They want me to sit face to face with the complainant for confrontation questioning. Do I have to agree?
You can refuse confrontation questioning. If things become heated face to face, your behavior may be recorded unfavorably, so consult your defense counsel before agreeing.

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.

In a legal matter, the first response often decides the outcome

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