Legal Q&A

Tired of non-expert, ad-driven answers to your legal questions?
Daeryun's specialist attorneys are here to answer.

If I reach a settlement with the victim, can I avoid punishment for a sexual crime?

If I reach a settlement with the victim, can I avoid punishment for a sexual crime? I am curious whether punishment can be reduced or exempted through a settlement. What happens if the victim agrees to a settlement and submits a statement of no wish to punish? I am also curious whether there are cases in which criminal punishment still proceeds even after a settlement. Please provide a detailed and prompt reply!

sexual crime punishment

attorney specializing in sexual crimes

Answer

Published: 2023-03-16

Author : Byung Joon KOH

Because sexual crimes are not crimes requiring a complaint to prosecute or crimes not punishable against the victim's will, the case proceeds even if the victim expresses a wish not to punish.

However, the mitigating factors in the sentencing guidelines for sexual crimes administered by the Sentencing Commission include 'the victim's wish not to punish,' 'sincere repentance,' and 'substantial recovery of the harm.'

However, if intimidation or coercion is used to obtain a settlement, additional offenses such as intimidation and coercion may also be established.

Forcing an unreasonable settlement for the purpose of obtaining leniency may lead to even more negative results.

Therefore, it is advisable to handle the case together with a specialized attorney to reduce the legal risks of punishment for a sexual crime.

If you have suffered harm due to a false accusation, it is important to respond promptly.

It is advantageous to accurately assess the situation through a consultation with a specialized attorney and to take legal measures that can minimize the sentence for a sexual crime.

An accurate understanding of and preparation for the legal procedures can significantly affect the outcome of the case.

Therefore, please note that close cooperation with an attorney specializing in sexual crimes and a strategic response can help guide the case in a favorable direction.