Sex Crimes Defense Center · Case Type

If you are accused of rape,
first examine whether the complaint is credible

Rape and imitative rape are serious crimes with minimum sentences, so the likelihood of investigation under detention is high. Many cases between partners or acquaintances turn on whether there was consent, and the outcome is then decided by the consistency of the complainant's statements and the objective circumstances.

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Statutory penalties by crime

  • Rape · A person who commits rape by violence or intimidation faces imprisonment for a fixed term of at least 3 years (Article 297 of the Criminal Act)
  • Imitative rape · Inserting the genitals into a body cavity other than the genitals, such as the mouth or anus, or inserting a body part such as a finger or an object into the genitals or anus, by violence or intimidation, carries imprisonment for a fixed term of at least 2 years (Article 297-2)
  • Quasi-rape · quasi-imitative rape · Taking advantage of a state of mental incapacity or inability to resist carries the same penalties as above, respectively (Article 299)
  • Statutory rape · If the victim is under 13, or is 13 or older but under 16 and the offender is 19 or older, it is punished in the same way as rape or indecent assault even if the other person consented (Article 305)

These crimes have no fine option, so a conviction means a prison sentence unless it is suspended.

What we focus on in an acquittal defense

A conviction can be based on the victim's statement alone. However, the statement must be specific, internally consistent and in line with common experience. In the cases where DAEON Law Firm obtained acquittals, we focused on showing the following circumstances.

  • Parts where statements about the time, place, number of incidents and manner differed between the investigative agency and the court
  • How charges not in the original complaint were added later
  • Behavior unlike that of a typical victim, such as going out together and attending family gatherings together right after the alleged harm
  • Objective materials contradicting the statements, such as CCTV at lodging facilities, messages and location records
Procedure changed after October 2, 2026 · With Article 26-2 added to the Act on Special Cases Concerning the Punishment of Sexual Crimes (the “Sexual Violence Punishment Act”, 성폭력처벌법), judicial police officers can no longer close sexual violence cases without referral. Every case goes to the prosecutor, including cases whose investigation was not finished on the effective date. To obtain a no-suspicion outcome, you need a non-indictment (no suspicion) decision by the prosecutor, and the statements you made during police questioning carry over to the prosecutor as they are. Put that much more effort into preparing for the first questioning.

What to prepare now

Do not delete messages and call records from before and after the incident; leave them as they are. Contacting the complainant directly to explain or apologize can be seen as persuasion by improper means or threats. Because a detention warrant may be requested, it is also wise to prepare in advance materials proving your residence, job and family ties.

Frequently Asked Questions

It was a consensual relationship, but I was reported later.
Evidence that directly shows consent is rare. The credibility of the complainant's statements is weighed through how you met, conversations before and after the incident, travel routes and later contact. Write it all down in chronological order while your memory is clear.
The complainant claims they were drunk.
For quasi-rape, there must be a state of mental incapacity or inability to resist; having been drinking alone is not enough. Conversations and behavior at the time, how the person got home, and payment records become the materials for judgment.
Can't I file a counter-complaint for false accusation?
You can, but timing matters. Filing for false accusation before the sex crime case is decided can look like retaliation, so it is usually considered after a no-suspicion decision or an acquittal becomes final.

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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

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