Overview of the case (facts)
After a night of drinking with friends, the client decided to visit a nightclub.
The client was drinking and chatting with a female hostess at the establishment, and in the natural course of events, they agreed to pay each other a certain amount of money to have sex.
However, shortly after the sex, the manager of the establishment suddenly entered the room and raised the issue, and shortly afterward, the female hostess called the police claiming that the client had raped her.
The client came to Ongang Law Firm in a state of panic after being accused of raping Zolzi, even though the relationship was consensual.
Case Issues (Case Features)
The key issue in this case was whether the sex was consensual, i.e., whether force, such as assault or intimidation, was used at the time of the sexual intercourse.
Whereas the alleged victim alleged that the client created an atmosphere of coercion and raped her by assaulting and intimidating her into submission, including forcibly removing her clothes,
The client consistently denied that the sex was consensual, so it was critical to ensure the credibility of the victim's account and the objective evidence to support it.
Assistance from Ongang
Our defense attorneys provided the following expert legal assistance to help our client clear his name of unjust charges.
1. Obtaining and deeply analyzing conclusive evidence:
- Analysis of key recordings: We quickly obtained recordings of the immediate aftermath of the incident and analyzed the contents of the conversations in detail. The results of the analysis showed that there was an agreement between the parties and that there was no coercive atmosphere, which served as a key basis for the defense.
- Analyzing communications and objective data: We collected and analyzed a variety of objective data, including communication records between our client and the establishment's officials, the establishment's operations and promotional materials, to clearly understand the overall context and facts of the case.
2. organized legal writing and submission:
- Refuting the credibility of the complainant's statements: prepared and submitted a defense brief that convincingly pointed out the logical inconsistencies and irrationality of the complainant's allegations by organically linking the evidence obtained (recordings, correspondence, etc.) with the objective circumstances surrounding the incident.
- Emphasizing a voluntary relationship and consensual context: We detailed the circumstances leading up to the sexual encounter, particularly the discussion of consideration, to emphasize that the relationship was consensual and free of coercion.
- Analyzing the client's post-incident behavior: Highlighting the client's consistent post-incident behavior (e.g., seeking a legal resolution on his own), which contradicted the facts of the allegations, lending credibility to the client's claims.
- Presenting legal arguments: Based on relevant sex offense statutes and case law, we argued clearly as a matter of law that the complainant's statement alone was insufficient to substantiate the allegations in this case and that proof beyond a reasonable doubt was required.
3. closely following the investigation process:
- The lawyer accompanied the client to the police investigation, helping the client to state the facts clearly and coherently while remaining psychologically stable, and assisting the client to exercise his defense rights to the fullest extent.
- Communicated with the investigating authorities: Our lawyers were in constant communication with the investigating authorities, effectively explaining the main points of the pleadings and evidence, and actively advocating for the substantive truth of the case.
■ Result
After carefully reviewing the objective evidence submitted by Ongang Law Firm and the content of the defense opinion, the police determined that the victim's statement alone was insufficient to support the client's rape charge.
In light of the circumstances, particularly the contents of the file recorded immediately after the incident and the victim's behavior, there was insufficient evidence to conclude that the sexual intercourse was coercive, and the decision was made to dismiss the case as 'not guilty' (insufficient evidence).
This cleared the client of the false accusation of rape and allowed her to resume her normal life.
Case outcome materials
