Case overview
In this case, the victim, who was in a three-month relationship, accused the client of rape and aggravated rape in connection with a sexual encounter that occurred at a hotel in Seoul.
The victim alleged that the client assaulted her during sexual intercourse and committed adultery against her will, but in fact, the victim and the client spent time together at the hotel until the next day and even shared a meal together, showing signs of a normal relationship. In the face of these contradictory circumstances, the client came to Ongang Law Firm.
Case issues
The key issues in this case were whether the sex with the victim was coerced and the credibility of the victim's account, which required us to examine the evidence and construct a defense from a different angle than in a typical sexual assault case, especially given that the parties had been in a SM-type relationship.
Assistance from Ongang
Ong Kang's defense team developed a customized defense strategy that took into account the specifics of the case.
First, we closely analyzed the client's past social media conversations with the victim to prove that there was a mutual consent for a SM-type relationship. We also used objective evidence, such as CCTV footage, to effectively prove that the victim was free to go out when she was with the client and that her behavior was not typical of a sexual assault victim.
In particular, we found contradictions in the victim's statements and provided a solid, evidence-based rebuttal.
■ Results
Following a sophisticated argument by ONGANG, the Appeals Chamber upheld the trial court's acquittal on the sexual assault charge, dismissed the prosecutor's appealThe Court of Appeals upheld the trial court's acquittal of the sexual assault charge and dismissed the prosecutor's appeal, finding that there was reasonable doubt that the sexual assault occurred under the unique circumstances of SM's sexual orientation.
Case outcome materials
