Defenses Under Korean Law for Sex-Related Crimes Perpetrated in Korea

In this post we’ll discuss the Defenses in Korea that may be used in the Korean courts against sex-related accusations.

A. When the accused acknowledges the allegations
If the defendant reaches a settlement with a victim, normally, the Defendant shall receive the least serious criminal charge if he voluntarily acknowledges the crime and settles with the alleged victim. The alleged victim of sex-related offences typically has access to a public attorney in order to facilitate a settlement and defend the interests of the alleged victim. In many cases where the crime is proven/suspect is guilty – a settlement in a nuanced manner is the most effective manner in minimizing the sentence. Please make sure you have an attorney in Korea with substantial experience with foreign nationals residing in Korea and substantial understanding of the impact at Korean Immigration for pleading guilty.

B. The circumstances surrounding the suspect’s denial of the allegations
The prosecutor has the burden of proving every offence. For a favorable outcome throughout the investigation and legal process, the accused must also take reasonable steps to demonstrate his innocence in cases of sex-related offences. IPG Legal has over 90 not guilty verdicts.

If the victim has ulterior motives for making his/her accusations (such as carrying out a personal vendetta or trying to extort money from the suspect), if the victim first requests monetary compensation, if the victim’s attitude before and after the sex-related offence is inconsistent or contradictory, if there are no witnesses, no objective evidence like CCTV videos, etc. The suspect must use every effort to obtain a non-indictment from the Korean Prosecution or for the court to declare the suspect in Korea not guilty.

C. The Importance of Consulting an Attorney
It is strongly advised to seek legal representation for a successful defense against allegations of sex-related offences, regardless of whether the suspect admits to the charges brought against him or her or not. If the accused agrees to the charges, his defense team will make every effort to reach a settlement with the victim and can guarantee that the court will take into account all mitigating circumstances before making a decision.

For an article on hiring a defense attorney in Korea, please see: Hiring a Criminal Defense Lawyer in Korea.

To schedule a call with a Korean-based defense attorney: please schedule a call at: Schedule a Call with an Attorney in Korea.