No Suspicion of Quasi-Rape

The client became subject to an investigation for allegedly sending messages containing inappropriate sexual expressions through social media.

A case involving obscene acts through communications media may arise even without direct physical contact if words or writings capable of causing the other person sexual shame or aversion reach that person through a telephone, text message, social media, chat, or other communications medium.

In this matter as well, the content of the messages and the circumstances surrounding their transmission were reviewed by the investigative authorities. Even where the alleged facts may be found to constitute an offense, the circumstances surrounding the conduct, whether it was repeated, the victim’s wishes, whether the suspect was a first-time offender, the suspect’s attitude of remorse, and the possibility of preventing recidivism may also be considered at the disposition stage. Accordingly, it was important to organize the relevant circumstances at the initial stage.

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1. Whether physical contact occurred and whether coercion can be established
02
2. Whether the complainant’s statement is consistent with other evidence
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3. Whether the conduct ceased after the complainant’s refusal was confirmed

MEGA X first reconstructed the sequence of events before and after the incident in chronological order. We distinguished how the gathering at which the parties were together, the circumstances of their movements, the situation in a private space, the process of physical contact, and the subsequent telephone call and report were connected to one another.

Next, we separately reviewed the portions of the complainant’s statement presenting the principal issues. We examined whether the allegations that the complainant’s wrists and hands had been restrained, the explanation that the complainant had been unable to request assistance, the contents of the telephone call after the incident, and the circumstances of the complainant’s departure were consistent with other evidence.

We also distinguished among the significance of the call records, statements concerning persons in the vicinity, medical records and materials confirming bodily injuries, and the DNA analysis results. We organized the point that although the DNA analysis results may support the occurrence of contact, they do not, by themselves, immediately establish coercion or intent to commit quasi-rape.

On this basis, the attorney’s written opinion clearly presented the standards for determining this matter. We explained that the existence of physical contact and the establishment of coercion are separate issues, and that it was difficult to conclude that a situation involving forcible restraint had been sufficiently proven based solely on the complainant’s statement.

No Suspicion