Special Rape Case Resulting in No Suspicion

The Client was investigated on suspicion of forcibly moving the complainant together with another suspect and engaging in sexual intercourse and similar acts under circumstances in which the complainant found it difficult to resist. The complainant stated that the suspects had created a coercive situation.

In contrast, the suspects maintained that the sexual intercourse had taken place with the complainant’s consent and that there had been no assault or coercive circumstances. There were also issues requiring review concerning the circumstances under which the case was reported, including discrepancies between the suspects’ account and the complainant’s statement.

Because an allegation of special rape is serious, it is important from the initial stage of the investigation to determine how statements and evidence will be organized. In this case, it was insufficient simply to assert that “consent was given.” The key issues included whether the complainant’s statement was consistent with other evidence, whether there was evidence supporting the alleged coercion, and what significance the communications and witness statements before and after the incident had.

01
Credibility of the Complainant’s Statement
02
Distinguishing the Fact of Sexual Intercourse from Coercion
03
Joint Review of KakaoTalk Communications and Witness Statements

MEGA X first organized the circumstances of the incident as asserted by the Client according to the issues presented. We separately organized the circumstances before and after the sexual intercourse, the relationship with the complainant, the suspects’ position that there had been no coercion, and the explanation concerning the circumstances under which the case was reported, thereby identifying the matters that required verification by the investigative authorities.

We also reviewed the KakaoTalk message history and categorized the portions that were consistent with the complainant’s statement, those requiring explanation, and those that could support the suspects’ position. In sexual offense cases, the overall flow of the communications, rather than isolated excerpts, is important. Accordingly, we focused on presenting the context before and after the incident as a whole.

In addition, we reviewed the witness statements together with the circumstances under which the case was reported. We structured the response around whether the complainant’s statement naturally aligned with the other evidence, whether there were any inconsistencies or points requiring explanation in relation to the witness statements, and whether sufficient evidence existed to establish the alleged facts to the extent necessary to recognize the suspected offense.

No Suspicion of Criminality