What Is Quasi-Rape Under Korean Law?

Quasi-rape, jun-ganggan in Korean, is the offence of having sexual intercourse with a person by taking advantage of the fact that they are unconscious or unable to resist. Unlike rape, it does not require violence or threats. It is punished in the same way as rape under Article 299 of the Criminal Act, and many cases involve heavy drinking.

Key points

The offence is defined in Article 299 of the Criminal Act, which also covers indecent acts committed the same way.
The key question is the person’s condition at the time: unconscious, or unable to resist.
Punishment follows the rules for rape: imprisonment for a limited term of at least three years (Article 297).
Attempts are also punishable (Article 300).

What Korean Law Says

Article 299 of the Criminal Act provides that a person who has sexual intercourse with another, or commits an indecent act, by taking advantage of that person’s state of unconsciousness or inability to resist is punished in accordance with Articles 297, 297-2 and 298.

Those articles set out the underlying offences:

Rape (Article 297): imprisonment for a limited term of at least three years.
Imitative rape (Article 297-2): imprisonment for a limited term of at least two years.
Indecent act by compulsion (Article 298): imprisonment of up to ten years or a fine of up to 15 million won.

So quasi-rape is punished like rape, and the indecent act version is punished like an indecent act by compulsion. The difference lies in how the act happened: rape requires violence or intimidation, while quasi-rape relies on the other person already being unable to resist.

Why These Cases Turn on Evidence

Because there is usually no allegation of force, the case focuses on the person’s condition and on what the other person knew about it. Investigators commonly look at:

Messages sent before, during and after the night in question.
CCTV from bars, streets, building entrances and lifts.
Card payments, taxi records and times.
Accounts from friends, staff or other people who saw both people.
Medical records, where they exist.

Memory gaps caused by alcohol are common on both sides, which is why objective records often carry more weight than recollection. Deleting messages can cause serious problems of its own; see Should I delete messages in a sex crime case?

Contacted by the police about an allegation like this?Send us the date of the police contact and what you have been told so far. A Korean attorney reviews it before your interview. No need to call first. Tell us about your case.

Alcohol Is Not an Automatic Defence

Korean law normally reduces or removes criminal responsibility where a person lacks the capacity to understand or control their actions (Criminal Act, Article 10). For sexual violence offences, however, the Act on Special Cases Concerning the Punishment of Sexual Crimes allows courts not to apply those reductions when the offence was committed while drunk or under the influence of drugs (Article 20). Being very drunk is therefore not something to rely on as an answer to the allegation.

If You Are the Accused

Do not contact the complainant, directly or through friends. See Can I contact the complainant?
Keep your phone and messages as they are.
Write down, privately, a timeline of the evening while you still remember it.
Get legal advice before the first police interview. See What happens at a first sex crime police interview?

If You Are the Person Harmed

The Criminal Procedure Act gives the right to file a complaint to the victim of a crime, without any nationality condition. Our guide How to report a crime in Korea as a foreigner explains the steps, and victim representation describes how a lawyer can help.

Frequently Asked Questions

What does quasi-rape mean in Korea?

Sexual intercourse committed by taking advantage of another person’s unconsciousness or inability to resist, under Article 299 of the Criminal Act.

Is quasi-rape punished less severely than rape?

No. Article 299 applies the same punishment as rape: imprisonment for a limited term of at least three years.

Is an attempt a crime?

Yes. Article 300 makes attempts under Articles 297 to 299 punishable.

Can a case be based only on the complainant’s statement?

It depends on how credible and consistent the statement is and on what other evidence exists. We explain this in Is a victim’s statement enough to convict?

How long after the event can a case be brought?

Time limits depend on the offence and on special rules for sexual offences. For sexual offences against minors, for example, the limitation period starts from the day the victim becomes an adult (Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 21(1)). Get advice on the specific facts.

Legal Basis

Criminal Act (Act No. 21450): Articles 10, 297, 297-2, 298, 299, 300
Act on Special Cases Concerning the Punishment of Sexual Crimes (Act No. 21066): Articles 20, 21
Checked against the Korean Law Information Center in September 2026. This article is general information, not advice on a specific case.