No-Charge Decision for Client Accused of Rape After Hotel Incident

Taeshin Law Firm successfully represented a client accused of rape following an incident at a hotel. The complainant, a foreign national, alleged that the client forced sexual intercourse after she refused. The client denied the allegation, explaining that the two had maintained ongoing contact and had developed a close relationship after first meeting through a business-related massage arrangement. The defense team accompanied the client during the police investigation, analyzed extensive SNS conversations, reviewed the relationship history, and presented evidence showing that the complainant's statements were inconsistent with the surrounding circumstances. CCTV footage and post-incident communications also supported the argument that the allegation lacked credibility. As a result, the police issued a no-charge decision at the investigation stage.

Background / Issue

The client was accused of raping the complainant at a hotel. The complainant alleged that the client attempted to have sexual intercourse using a sex toy and, when she refused, restrained both of her wrists and forced sexual intercourse one time. The complainant was a foreign national. The client and the complainant had first met through a customer-and-provider relationship involving a business-related massage arrangement. After that, they continued to communicate and developed a close relationship similar to a romantic relationship. The client completely denied the allegation, stating that no forced sexual intercourse had occurred.

Our Legal Approach

Taeshin Law Firm's sex crime defense team accompanied the client during the police investigation and helped ensure that the questioning proceeded smoothly. Because the defense team did not yet have access to the complaint at the time of the investigation, the team carefully identified as much relevant information as possible during questioning. To challenge the complainant's allegations, the defense team analyzed the extensive SNS messages exchanged between the client and the complainant over a long period. These communications were used to explain the nature of their relationship and to show that the relationship was close and ongoing. The team argued that the contents of the conversations did not support the claim that the complainant had been forced into unwanted sexual intercourse. Rather, the messages showed circumstances inconsistent with the complainant's allegations, including communications suggesting that the complainant had actively made sexual requests. The defense also emphasized that the statements of the client and the complainant differed significantly, and that the complainant's account lacked credibility when compared with the surrounding evidence. CCTV footage from the hotel showed the two appearing natural and close, similar to a couple, with no visible behavior suggesting that the complainant had just suffered a sexual crime. In addition, the client and the complainant continued to communicate for a considerable period after the incident, and the messages contained no reference to the alleged sexual assault. The defense also presented the possibility that the complaint may have been influenced by another motive, including potential immigration-related benefits available to victims of sexual violence.

Result / Outcome

The police issued a no-charge decision at the investigation stage. The prosecutor in charge also returned the case record to the police without requesting a reinvestigation. Sex crime allegations in Korea can lead to severe criminal, social, and immigration-related consequences, even before indictment. This case shows the importance of early defense involvement, careful analysis of digital communications, CCTV review, credibility assessment, and strategic participation in the police investigation. For foreign-related cases, surrounding evidence such as message history, relationship context, and post-incident conduct can be critical in challenging unreliable allegations and preventing indictment.