피고소인은 의뢰인이 만취하여 심신상실 내지 항거불능 상태에 있음을 이용하여 잠이 들어 의식이 없는 의뢰인을 침대에 옮겨 간음하려 시도하는 중, 의뢰인이 중간에 잠에서 깨자 강간행위를 중단하였습니다. 이에 의뢰인은 준강간 고소를 진행하고자 저희 법무법인 온강을 찾아주셨습니다.   ■ 사건 쟁점 ①의뢰인이 만취하여 블랙아웃과 의식이 없는 상태가 혼재되어 있는 점, ②사건이 의뢰인과 피고소인이 단둘이 있는 상황에서 발생하여 목격자가 없는 점, ③의뢰인이 이 사건을 즉시 신고하지 않았던 점, ④이 사건 고소를 결심하고 법무법인 온강 변호인단을 선임하였을 당시 이미 시간이 경과하여 증거채취가 불가능하였던 점 등 준강간행위가 있었다는 점을 밝히는 것이 이 사건의 쟁점이 되었습니다.   ■ 쟁점 해결 법무법인 온강 변호인단은 이 사건 피해 전후사정을 설명하는 고소장 및 고소보충의견서를를 작성, 경찰에 제출하여, 당시의 상황을 구체적으로 설명하고,

The offender (appellant) was the client's pastor. The respondent was about 30 years older than the client, and over a period of five years, from when the client was a minor to when the client was an adult, the respondent engaged in dozens of unwanted sexual acts against the client, using force and sexual violence against the client. The client was so traumatized by the respondent's behavior that she attempted suicide on several occasions, and suffered physical harm that was difficult to recover from, resulting in extreme anxiety that prevented her from functioning in her daily life. The original prosecutor made a mechanical error of judgment by partially prosecuting and partially not prosecuting the same pattern of grooming sexual offenses over a number of years without clear criteria. The original prosecutor used the case hearing to clarify the nature of the hierarchy exercised by the respondent and the point at which it distorted the client's sexual decision-making, as well as the client's motivation for committing adultery.

You are a graduate student working on your master's degree, and the suspect is a friend of your ex-boyfriend. During the approximately four-year period of her relationship with her ex-boyfriend, the client met the suspect four or five times at drinking parties, and on the day of the incident, the client became intoxicated during her first drink alone with the suspect. The suspect proceeded to commit the act of forcible rape against the client's will, recognizing and tolerating the fact that the client was intoxicated and incapacitated, and that the client was in a state of unconsciousness or incapacitation. However, the client was unable to distinguish whether her memories were dreams or reality immediately after the suspect's forcible rape, and later suffered from a severe hangover and post-inebriation amnesia (blackout) in which her memories of the incident were only intermittent and fragmented. ■ Case Issues In the end, given the client's inability to recall what happened, the main issues in this case were whether the complainant was in a state of mind or incapacitated, whether the accused was