Whether Violence or Intimidation, as Required to Establish the Crime of Rape, Occurred and Whether Criminal Intent Can Be Proven

The client developed a close rapport with the other party while talking over drinks. The two subsequently went to the other party’s residence, where their interaction progressed from affectionate physical contact to sexual intercourse.

However, the other party later filed a criminal complaint against the client, alleging that the client had forced them to engage in sexual intercourse.

The unexpected rape allegation left the client increasingly concerned about how to respond to the investigation and the potential social repercussions. Recognizing the importance of taki

ng appropriate action from the outset, the client sought legal assistance from MegaX Law Office.

01 Whether Violence or Intimidation Occurred

02 Whether Physical Force Was Used

MegaX Law Office defended the client through the following strategic measures.

1. Demonstrating the Voluntary Nature of the Relationship

MegaX emphasized that the two parties had continuously engaged in intimate physical contact and expressed mutual attraction toward each other immediately before the sexual intercourse.

2. Highlighting Inconsistencies in the Complainant’s Conduct

MegaX carefully analyzed the objective circumstances before and after the sexual intercourse and logically presented evidence that contradicted the complainant’s allegations.

In particular, MegaX argued that the overall atmosphere and the complainant’s behavior at the time suggested the existence of implied consent to sexual intercourse, highlighting inconsistencies in the complainant’s statements.

3. Establishing the Absence of Coercion

Based on the overall circumstances before and after the sexual intercourse, MegaX demonstrated that there were no circumstances suggesting that the client had used violence or intimidation to overcome the complainant’s free will.