Overview
A foreign corporate executive working in Korea was accused of imitative rape and denied that the alleged forced sexual act had occurred. Jaehoon Lee represented the client during the police investigation.
Issues
With limited objective evidence of the incident, the complainant’s account needed to be tested. A physical characteristic that would have been apparent if the alleged act had occurred provided a specific point of inquiry.
Work
Client interviews and the case materials were reviewed to identify questions capable of testing the account. Investigators were asked to check whether the complainant could describe the relevant physical characteristic.
The investigation revealed contradictions between the account and the objectively confirmed characteristic. These contradictions were presented alongside other circumstances and evidence to explain why the account alone did not establish the alleged offense.
Result
After considering the contradictions and the other evidence, the police decided not to refer the case to prosecutors because of insufficient evidence. The matter ended at the police investigation stage without a criminal trial.