Legal Q&A
Q
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I am a career soldier serving in the Navy. Recently, while drinking with friends, I went to a motel with a woman who had joined our table. We clearly went by mutual agreement, and the sexual relations also occurred naturally, but suddenly the next day she said she would file a complaint for sexual assault. She also said that if I gave her 30 million won as a settlement, she would not file a complaint. Thinking she was an extortionist, I ignored her and left, but she really did file a complaint. If I am charged with Navy sexual assault, what would the punishment be? Can I not file a complaint against this for the crime of false accusation?
Navy sexual assault
Answer
Published:
Author : DongIl PARK
Hello. This is a military attorney at Daeryun Law Firm.
Judging only from the content of your question, it seems that you are in a situation where you have been unfairly charged with Navy sexual assault.
Sexual assault is subject to the crime of rape, and under the Criminal Act, it is punishable by imprisonment for a definite term of not less than 3 years.
However, in the case of a person of military status, as in your case, in addition to criminal punishment, military disciplinary action is imposed, and in a severe case, the military status itself may be stripped away, so a prompt response must be undertaken.
This is because a sexual violence crime is a matter that, among the grounds for military disciplinary action, may result in dismissal, removal, demotion, or suspension.
In your situation, for the Navy sexual assault, you must collect evidence, such as the content of conversations with the woman who claims to be the victim and the motel CCTV footage from the day of the incident, and argue that the charge is not true.
Our firm's evidence investigation center collects evidence favorable to you in accordance with lawful procedures.
In addition, through collaboration with attorneys experienced in sexual offense cases and attorneys experienced in criminal cases, we prepare a strategy for defending against punishment and asserting innocence.
Furthermore, a military attorney will present a solution so that you can escape the risk of military disciplinary action.
If necessary, for a complaint of the crime of false accusation, we will analyze the circumstances in which the woman is falsely accusing you and bring about the result you desire.
If you wish to escape the risk of punishment for Navy sexual assault, please request a consultation.
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