Whether the Allegations Under the Act on the Protection of Children and Youth Against Sex Offenses (Quasi-Sexual Acts and Indecent Assault) Are Inconsistent with the Actual Circumstances and Statements
01. Background
02. Key Issues
01 Issues Concerning the Actual Circumstances of the Alleged Quasi-Sexual Acts and Indecent Assault
02 Whether the Circumstances on the Day of the Incident Support the Allegation of Coercion
03 Credibility of the Complainant’s Statements
03. Legal Strategy
MegaX Law Office’s attorneys handling cases under the Act on the Protection of Children and Youth Against Sex Offenses provided strategic legal assistance by securing evidence and statements favorable to the client and minimizing potential legal risks.
① Systematic Preparation of Initial Statements and Relevant Evidence
Before the police investigation, the defense team conducted extensive interviews with the client, reconstructing and organizing the events and circumstances of the day of the incident minute by minute.
The team focused on securing objective evidence, including CCTV footage, call records, and witness statements, and carefully examined any inconsistencies between the evidence and the statements.
② Analysis and Submission of Circumstantial Evidence and Supporting Materials
MegaX obtained video footage showing the client and the other party moving together on the day of the incident and afterward. The footage was analyzed to identify circumstances suggesting that the situation was neither coercive nor threatening.
The team also examined the complainant’s communications and behavior following the incident, including instances in which the complainant contacted the client first and requested to meet.
These findings were submitted to the investigative authorities along with a legal opinion explaining the discrepancies between the allegations and the actual circumstances.
③ Minimizing Legal Risks and Proactively Submitting Legal Opinions
The defense team anticipated potential legal risks that could arise during the investigation and developed a comprehensive legal strategy to protect the client’s right to a defense to the fullest extent possible.
Based on the evidence and analysis obtained, MegaX submitted multiple legal opinions arguing that the complainant’s statements lacked credibility and that the alleged criminal conduct could not be established.
Through these efforts, the defense team sought to persuade the investigative authorities that the allegations were not sufficiently supported by the evidence.
04. Outcome
- PreviousWhether the Victim Expressed Refusal at the Time of Filming and Whether the Suspect Acted Intentionally (With Awareness) 26.09.16
- NextWhether the sexual intercourse involved violence or intimidation, whether the other party gave explicit or implied consent, and whether the complainant’s statements are consistent with the objective evidence. 26.09.16
Attorneys Involved
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