Case Resulting in No Suspicion of Quasi-Rape

The Client was investigated on suspicion of quasi-rape after engaging in sexual intercourse with the other party while staying together at an accommodation facility. The other party claimed that she had secretly taken sleeping medication, fallen asleep, and that the Client had intercourse with her by taking advantage of that condition.

In a quasi-rape case, the allegation is not established merely because sexual intercourse occurred. The authorities also examine whether the other party was in a state of mental or physical incapacity or was unable to resist at the time, and whether the suspect was aware of and took advantage of that condition.

Accordingly, in this case, it was insufficient merely to explain certain events before and after the sexual intercourse. It was necessary to organize, in chronological order, the circumstances of the parties’ meeting, how they came to stay together at the accommodation facility, circumstances related to the claim that sleeping medication had been taken, the conversations before and after the sexual intercourse, and both parties’ reactions after the incident.

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1. Whether Taking Sleeping Medication Alone Establishes an Inability to Resist
The central issue in this case was whether the other party was actually unable to resist at the time of the sexual intercourse. Even if a person claims to have taken sleeping medication, that fact alone does not automatically establish the inability to resist required for quasi-rape. Investigative authorities consider not only whether the medication was taken, but also the time it was taken, the person’s state of consciousness, ability to act, ability to communicate, and reactions before and after the incident. In this case, it was significant that it was difficult to conclude with certainty that the other party had been unable to resist at the time of the alleged offense.

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2. Whether the Client Knew of and Took Advantage of the Other Party’s Condition
For quasi-rape to be established, it must be shown not only that the other party was unable to resist, but also that the Client knew of and took advantage of that condition. Particularly where the other party claims to have taken sleeping medication without the Client’s knowledge, a separate issue is whether the Client could have known that the medication had been taken or that the other party was unable to resist. In this case, the circumstances making it difficult to conclude that the Client had the intent required for quasi-rape were also examined.

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3. Circumstances Before and After the Incident and the Reasonableness of the Statements
In sexual offense cases, the parties’ statements are important evidence, but they are not evaluated in isolation. In determining the facts, the authorities also consider the circumstances of the parties’ meeting, the place and manner in which sexual contact occurred, the circumstances and events leading to it, and the parties’ communications and reactions after the incident. In this case as well, after comprehensively reviewing the other party’s allegations, the Client’s statements, conversational materials such as KakaoTalk messages, and the parties’ conduct after the incident, the authorities determined that the evidence was insufficient to substantiate the allegations.

MEGA X first organized in chronological order the circumstances under which the Client and the other party met, how they came to stay together at the accommodation facility, and the circumstances before and after the sexual intercourse. Rather than simply asserting that the sexual activity was consensual, MEGA X reviewed the facts by distinguishing between the inability-to-resist condition at issue in a quasi-rape case and whether the requisite intent could be established.

MEGA X also reviewed conversational materials, including KakaoTalk messages, and the parties’ reactions before and after the incident, and organized the circumstances showing that the Client’s knowledge of the other party’s inability to resist could not be inferred solely from the other party’s claim that she had taken sleeping medication. In particular, MEGA X separately addressed whether the Client could have known that the medication had been taken, whether the other party was unable to express her intentions or act at the time, and whether there was sufficient evidence that the Client had taken advantage of that condition.

In the attorney’s written opinion, MEGA X explained that, under the elements of quasi-rape, both the inability-to-resist condition and the intent required for quasi-rape must be sufficiently proven. MEGA X then organized the specific circumstances of the case that were inconsistent with substantiating the allegations and submitted them to the investigative authorities.

No Suspicion