Sex crimes under the influence are determined by ‘objective circumstances’ rather than fragmentary memories.

If you were accused of a sex crime after a night of drinking while your memory was blurry, you would be embarrassed. The first concern that comes to mind at this time is 'Can a person be punished even in a situation where he or she has no memory?' In fact, many court cases occur in situations where memory is disrupted while drunk. In particular, when the victim claims, 'I have no memory, but I feel like I was harmed,' the suspect's response becomes very complicated.

From the suspect's perspective, the first legal standard to pay attention to is the credibility of the statement. Investigative agencies and courts closely examine whether the victim's statement is specific and consistent. We also review whether the victim's claim matches objective circumstances such as call records and travel routes. Even if the victim claims to have “lost memory,” the charge will not be acknowledged if the circumstances surrounding it are unnatural. Therefore, the suspect must focus on finding contradictions in the other party's statements.

The judgment of 'impossibility to resist' is also a point that the suspect must actively defend. This is because quasi-rape, etc., can only be established if it is acknowledged that the victim was in a state of being unable to resist. However, simply being intoxicated does not immediately determine inability to resist. The court closely examines the victim's actions, conversations, and movement routes. For example, if there are circumstances in which the victim continued the conversation normally or moved on his own, this will have a significant impact on the judgment. In the end, the key is not the fact of being 'drunk' per se, but the specific proof of what the state was at the time.

Responding to sexual crime cases is not a matter of piecemeal facts, but a battle of the entire trend. A conclusion cannot be reached based solely on one side’s one-sided argument. You can win only when your actions before and after the incident and objective data are connected into a single story. If you want to get rid of unfair charges, it is not enough to simply plead that there was no intent. It is essential to organize the situation in detail chronologically and secure data to support it.

Attorney Park Jeong-gu of Daeryun Law Firm explained, “It is easy to think that statements are everything in a sex crime case, but in reality, whether they match the evidence is much more important.” In particular, it was emphasized that in cases of sexual crimes that occurred while drinking, the key issue is whether the context continues uninterrupted and naturally rather than whether there is fragmentary memory.

He added, “The court judges guilt or innocence based on objective proof of facts, not whether the suspect remembers.” He added, “If you are being wrongly accused, you should avoid emotional responses, and it is important to respond thoroughly with objective data and consistent explanations with the help of legal experts from the beginning of the investigation.”

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Drinking sex crimes are determined by ‘objective circumstances’ rather than fragmentary memories (Shortcut)