Non-Referral of Quasi-Rape Case: Strategy That Identified the Flaws in the “Blackout” Claim

The client met the other party (the complainant), whom he had met through a dating app, and spent time drinking wine together. Thereafter, they engaged in sexual intercourse on three occasions in total. The client consistently explained that the sexual activity had occurred by mutual agreement, based on the flow of his conversations with the complainant before and after the sexual activity and the atmosphere at the time.

However, after the incident, the complainant reported the client on charges of quasi-rape, asserting to the effect that she had been intoxicated and in a state of mental incapacitation or inability to resist at the time, and that the client had forcibly engaged in sexual intercourse with her while she was in that condition. As a result, the client felt significantly burdened by the need to determine what to prepare and how to respond during the initial stages, including responding to the police investigation, organizing his statements, and securing objective evidence such as messages and travel routes, following the sudden complaint.

In particular, because the outcome of a quasi-rape case may turn on whether the complainant was in a state of mental incapacitation or inability to resist, the credibility of the statements, and the objective circumstances, the client sought a consultation with MEGA X to establish an investigative response strategy that would resolve the injustice he faced without creating unnecessary misunderstandings.

01
Whether the complainant accompanied the client voluntarily
02
Whether the complainant was mentally incapacitated or unable to resist
03
Whether the client recognized and took advantage of the complainant’s condition
04
Verification of the circumstances before and after the sexual activity (whether it was consensual)

The MEGA X defense counsel team closely analyzed the complainant’s statements and systematically organized the objective circumstances before and after the incident, identifying fatal inconsistencies and undermining the credibility of the statements.

1. Identifying Inconsistencies in the Statements

The complainant asserted that she had been in a “blackout” state during the first instance of sexual intercourse; however, during the investigation, she provided highly specific testimony regarding the conduct during the sexual intercourse. We emphasized that this directly contradicted her claim that she had no memory of the events.

2. Presenting Objective Circumstances

Based on the content of the KakaoTalk messages sent by the complainant immediately before the incident, the objective amount of alcohol consumed, and the complainant’s voluntary conduct before and after the sexual intercourse, we established that she had engaged in the sexual activity consensually while favorably disposed toward the client.

3. Maintaining Consistent Statements

Because inconsistent statements from the outset of the investigation could prejudice the client, we jointly reviewed and organized the relevant matters in advance—including the circumstances by time, conversation content, travel routes, and conduct before and after the sexual intercourse—and provided close assistance in responding to the investigation so that the client could maintain specific and consistent statements.

No Charges