The term commonly known as "extortion scheme" refers to the use of sexual acts or implications to extort or swindle compensation through high-priced settlements. In recent years, courts and prosecutor's offices have seen numerous such cases, generally involving a man and a woman who engage in consensual sexual acts. Unexpectedly, the woman later denies the encounter, with various reasons such as already having a boyfriend or not having consented at the time, but in reality, she seeks to extort more money by claiming to have been sexually assaulted and filing criminal charges demanding a substantial settlement.

The Importance of Corroborative Evidence

Most sexual crime cases occur when the parties are alone, inherently providing a high degree of privacy. Such cases often result in conflicting statements, making it difficult to determine the truth. Furthermore, sexual crime cases carry particularly severe penalties, and if a court were to rely solely on one party's statement, it could undermine public trust. Thus, the law explicitly states that a verdict cannot be based solely on the accusation of one party.

Corroborative evidence in criminal cases refers to the rule that a single piece of evidence alone cannot be used to convict the accused; additional corroborative evidence is required to confirm the veracity of statements made by the accused or the victim. The main purpose of this is to prevent wrongful convictions based solely on the testimony of the accused or the victim.

Characteristics of Corroborative Evidence

1. Independence: Corroborative evidence must be independent of any confession; it cannot simply be a repeat or indirect statement of the confession. For instance, testimony provided by a victim's relative after hearing the victim's account often repeats what the victim has said, which should not be considered corroborative.
2. Relevance: Corroborative evidence must be related to the factual crime and capable of proving the crime.

Supreme Court's Opinion

Sexual assault cases often only involve the accused and the victim, leading to a situation each party tells a different story. If there is a familial relationship between the victim and the accused, it complicates the victim's decision-making due to emotional conflicts, leading to inconsistent or contradictory statements. A thorough investigation is necessary to uphold fairness and justice. Without such an investigation, and without explaining any inadequacies in the evidence, hastily making a judgment based solely on the victim's changed testimony and lack of corroborative evidence is unjustifiable.

How to Protect Yourself in Extortion Schemes

In such cases, the person making the accusation is considered a witness, although their goal is to have the accused punished criminally, putting them in a completely opposed position to the accused. Their statements may be exaggerated or biased, weakening their evidential strength compared to that of an impartial witness. To avoid overly relying on the victim's accusations, which could hinder the discovery of the truth and the protection of the defendant's rights, criminal law presumes the innocence of the accused and adheres to strict evidence rules. The victim's statement alone should not be used for a guilty verdict; it must be flawless and corroborated by other investigations that confirm its accuracy.

victim's accusations, which could hinder the discovery of the truth and the protection of the defendant's rights, criminal law presumes the innocence of the accused and adheres to strict evidence rules. The victim's statement alone should not be used for a guilty verdict; it must be flawless and corroborated by other investigations that confirm its accuracy.

However, when facing similar extortion scheme issues, such as receiving a court summons, how should one handle it, especially when sexual activity occurred in a room without video evidence to prove it was consensual? Here are key strategies for legal proceedings based on the experience of lawyers handling successful cases:

1. Preservation of evidence: Present the conversation records from messaging apps like LINE in front of the prosecutor to demonstrate that the interaction was consensual or transactional.
2. Confrontation and cross-examination: During the investigation, you can request to confront the victim, and in court, you can cross-examine the victim. The discrepancies in their statements can increase your chances of acquittal.
3. Collection of supporting evidence: Communicate with your lawyer to recall and report the circumstances, such as how you traveled to the motel and which motel it was. Surveillance footage from the intersection near the pickup location and the motel can help prove that the woman was not coerced into going there.

Finally, when a woman claims to have been sexually assaulted, the police will accompany her to a sexual assault response center to have medical professionals examine her genitals and external genitalia to determine if there are signs of sexual assault. This evidence will also be crucial in court to determine whether the marks are old, to avoid having this evidence count against the defendant and increase the risk of a guilty verdict.

Finally, when a woman claims to have been sexually assaulted, the police will accompany her to a sexual assault response center to have medical professionals examine her genitals and external genitalia to determine if there are signs of sexual assault. This evidence will also be crucial in court to determine whether the marks are old, to avoid having this evidence count against the defendant and increase the risk of a guilty verdict. Article 221 or opportunistic sexual intercourse under Article 227 (commonly known as "necrophilia") It is crucial to work with a lawyer to meticulously dissect the case facts, persuade the prosecutor or judge, and minimize the impact of any evidence that may be unfavorable to the defendant. Remember, litigation does not guarantee victory or defeat; based on our firm's experience, we actively work to minimize the impact of unfavorable evidence and present direct and indirect evidence favorable to our client, striving to maintain the legal presumption of innocence for the defendant.

Case Study from Our Firm

 Xiao De met Xiao Yi through online chatting, Xiao Yi mentioned her financial struggles. Xiao De suggested a sexual transaction, and they agreed on a price before meeting at a predetermined location and going to a motel. Days later, Xiao Yi and a friend went to the police to accuse Xiao De of coercing her into having sex without paying for the transaction, with the friend corroborating Xiao Yi's state and story after the incident. The court initially found Xiao De guilty.

Xiao De met Xiao Yi through online chatting, Xiao Yi mentioned her financial struggles. Xiao De suggested a sexual transaction, and they agreed on a price before meeting at a predetermined location and going to a motel. Days later, Xiao Yi and a friend went to the police to accuse Xiao De of coercing her into having sex without paying for the transaction, with the friend corroborating Xiao Yi's state and story after the incident. The court initially found Xiao De guilty.

Our team of lawyers, specialized in handling sexual harassment and experienced in dealing with sexual crimes, eventually cleared the client's name, leading to an acquittal by the Supreme Court.

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