[Divorce & Family] Case Representation for Pre-Complaint Settlement in Quasi-Rape and Qua…
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최고관리자 작성일26-05-21본문
Case Type: Quasi-Rape, Quasi-Indecent Act by Compulsion
Result: Successful Pre-Complaint Settlement (70 Million KRW Compensation Paid)
Case Details:
1. Case Overview
The client lost consciousness and fell asleep due to excessive alcohol consumption during a company dinner. A colleague who attended the dinner took advantage of the client's state of helplessness to commit an inappropriate sexual act. Upon regaining consciousness and realizing the situation, the client suffered severe emotional distress, including intense humiliation, anxiety disorders, and panic symptoms. However, the client fell into a deep dilemma between filing a formal criminal complaint and seeking alternative solutions, fearing that public exposure within the company would jeopardize their career and reputation. In this state of distress, the client sought legal counsel from our firm.
2. Legal Counsel and Strategy
We focused on the fact that the client strongly desired to prevent the incident from becoming known at the workplace while simultaneously demanding a clear apology and reasonable financial compensation from the perpetrator. Consequently, rather than pushing for an immediate criminal lawsuit, we established a 'phased response strategy' prioritizing the restoration of the client's daily life. The first phase involved the attorney taking the lead to secretly contact the perpetrator to extract an admission of guilt and negotiate a settlement, during which all direct contact between the victim and the perpetrator was strictly blocked. The second phase, which involved immediately filing a criminal complaint for quasi-rape based on secured evidence if the perpetrator denied the charges or evaded responsibility, was set as a contingency before promptly initiating the pre-complaint settlement process.
3. Negotiation and Settlement Process
Upon initial contact, the perpetrator denied the allegations, claiming it was a "consensual relationship without coercion," and attempted to downplay the incident by offering only 20 million KRW under the guise of moral responsibility. In response, we clearly established the legal elements of 'state of helplessness'—a critical component of quasi-rape—based on the client's alcohol consumption and the objective circumstances at the time. Furthermore, by presenting the client's consistent conduct and circumstantial evidence immediately following the incident, we sternly warned the perpetrator of the substantial professional and social repercussions, as well as the severity of criminal punishment, should formal legal proceedings commence. Through a combination of legal pressure and psychological persuasion, the perpetrator ultimately made a full admission of wrongdoing and expressed an intent to apologize.
4. Case Outcome
Taking into account the client's psychological trauma and future treatment expenses, we successfully negotiated a final settlement amount of 70 million KRW, a substantial increase from the initial offer. Throughout the drafting of the settlement agreement, victim protection was maintained as the highest priority; the visitation times for both parties were completely separated into morning and afternoon slots, thereby fundamentally preventing any secondary trauma from a face-to-face encounter. As a result, this case was resolved quietly and swiftly without a single appearance at a law enforcement agency or undergoing stressful cross-examinations. The client was able to secure proper compensation and an apology while fully preserving their daily life and career without any rumors circulating within the workplace.
Case Inquiry: Attorney Lee Jiwon