Written by Attorney Soobin You, a former prosecutor licensed in Korea, defending criminal cases with consultations available in English.
Quick answer: In Korea, a complaint can be filed long after a relationship ends, alleging that consensual encounters were assaults. In these cases, everything turns on evidence of the relationship, the credibility of the accounts, and the nature of the connection between the two people. Where the evidence shows a genuine consensual relationship, a case can end in no charges at the police stage (불송치) and non-prosecution at the prosecution stage (불기소). That is how one case was resolved, even after the complainant appealed.
For foreigners in Korea, being accused of sexual assault by someone you were in a relationship with, sometimes long after it ended, is a deeply distressing situation, especially across a language barrier. Here is how the law approaches it, from a Korean English-speaking lawyer’s perspective.
The nature of these cases
Sometimes a complaint arrives well after a relationship has ended, framing what were consensual encounters as assaults. In these situations, three things matter above all: the credibility of the statements, the nature of the relationship, and the available evidence. The accused firmly denies wrongdoing and asserts that the encounters were part of a consensual relationship, but simply saying so is not enough. The relationship has to be objectively established.
The defense strategy: evidence of a genuine relationship
Building a no-charge outcome requires thinking in several directions at once, including which evidence to gather and submit.
Recovering message records. A common difficulty is that the accused has deleted their chat history. In such cases, forensic recovery and other methods can be used to retrieve at least parts of the conversations. Often, the full context of those messages contains substantial support for the existence of a genuine relationship.
Submitting evidence of the relationship. Records of looking for a home to share, spending on dates, and similar materials can establish that the two people were in a relationship.
Testing the credibility of the complaint. A significant delay in filing, and inconsistencies between the account and the objective circumstances, can be highlighted to challenge the reliability of the complainant’s statement.
Explaining the specific circumstances. Where there are particular features of the case, presenting them clearly, with supporting evidence, helps convey persuasively that the allegation is not accurate.
The result: no charges, upheld on appeal
The first outcome was a no-charge decision at the police stage (불송치). In cases where innocence is asserted, the police sometimes conduct a second round of questioning, and here the accused attended two interviews with counsel present, with a defense opinion submitted on each occasion. The complainant then appealed, but the prosecutor also reached a non-prosecution decision (불기소).
To clarify the difference: 불송치 is a decision by the police that there is no case, and 불기소 is a decision by the prosecutor that there is no case. Through thorough evidence collection and analysis, the accused was fully cleared of the allegation.
Why the early stage is critical
Sexual assault cases can be difficult precisely because they can arise even where there was consent, and the outcome depends heavily on the credibility of statements, the character of the relationship, and the evidence. This is why help from the earliest police stage matters. Attending questioning with counsel, and preparing through interview simulation, allows for a properly structured response.
If you have been accused after a relationship, do not face the investigation alone. Recovering evidence of the relationship and analyzing the account objectively is what protects you.
Allegations arising out of a former relationship are decided on contemporaneous material — messages, timing, and what each party did next. Our work on sex offence allegations begins with securing exactly that.
Frequently Asked Questions
Q: Can I be accused of assault by a former partner in Korea, even long after we broke up?
A: Yes. A complaint can be filed well after a relationship ends. In these cases, the credibility of the statements, the nature of the relationship, and the available evidence become central to the outcome.
Q: How do you prove a relationship was consensual?
A: Through objective evidence such as recovered message records, records of shared plans like looking for a home together, and spending on dates, combined with challenges to inconsistencies and delays in the complaint.
Q: What if I deleted my messages with the person?
A: Forensic recovery and other methods can sometimes retrieve parts of deleted conversations. Even partial records, read in full context, can strongly support the existence of a genuine relationship.
Q: What is the difference between 불송치 and 불기소?
A: 불송치 is a decision by the police that the case does not warrant referral to the prosecutor. 불기소 is a decision by the prosecutor not to bring charges. Both mean the case ends without a trial or a criminal record.
Q: I’m a foreigner facing this kind of accusation in Korea. Can I get help in English?
A: Yes. A Korean English-speaking lawyer can take your account in English and respond from the earliest police stage, including attending questioning and preparing you for it, where an objective, evidence-based approach is essential.
This article is for general information only and does not constitute legal advice. Outcomes depend on the specific facts of each case. This is a sensitive legal area. Consult a licensed attorney about your situation.
Accused of a sexual offense by a former partner in Korea? YUSU Lawfirm (법무법인 유수), founded by former prosecutor Soobin You, with a team that includes Kyungmin Kim, a US-educated Korean attorney, provides English-language criminal defense from the earliest stage. With offices in Seoul (Mapo) and Gyeongju, contact us via KakaoTalk or the inquiry form.
