Hello. I am Attorney Lee Kyung-jun.

When you receive a call from an investigative agency regarding a sex crime case, many people think that they can simply go to the interview and tell the truth as it is. However, in actual cases, that is often not the case. In particular, because sex crime cases are structured so that statements carry far more weight than objective physical evidence, initial statements can in practice determine the direction of the case. Once a statement has been made, it continues to affect the investigation and trial as a whole, and correcting it later is much more difficult than most people expect.

1. Sex crime cases are often judged based on statements

Unlike ordinary crimes, sex crime cases are often decided by comparing the victim’s statement and the suspect’s statement in situations where there is not enough physical evidence. In this process, the investigative agency builds the overall framework of the case based on the initial statements. If the suspect gives an improvised statement without having accurately整理ed the situation, there is room for it to be interpreted differently from what was intended, and as that statement is reflected directly in the case record, an unfavorable structure may be formed. Once that happens, overturning that structure later can become extremely difficult.

2. The direction of the investigation is determined based on the initial statement

The investigative agency sets the direction of the case and then develops a concrete investigation plan based on the statement obtained in the first interview. As a result, it is often decided whether to interview additional witnesses, whether to conduct compulsory measures such as searches, seizures, or forensics, and whether to carry out a confrontation interview. Therefore, if a particular fact is admitted in the initial statement or explained with a certain nuance, the investigation may be expanded or deepened accordingly. Conversely, if important points are not properly explained, the investigation may proceed without fully reflecting facts favorable to the suspect.

3. Changing your statement can greatly undermine credibility

Because consistency is an important factor in evaluating statements made during the investigation, if you initially make a statement admitting the allegations and later deny them, or conversely if you first deny and later admit some facts, the credibility of the statement is highly likely to be viewed as significantly reduced. This change in statement is closely scrutinized both by the investigative agency and in court, and even if the change is merely intended to correct the facts, it may be perceived externally as a shift in position depending on the situation, making defense much more difficult.

4. Initial statements continue to affect the case through the trial stage

A suspect’s statement made during the investigation is recorded in the form of an interrogation report and can later be used as evidence in court, as well as in the prosecutor’s decision whether to indict. In particular, a suspect interrogation report may be used as evidence under certain requirements, and when assessing the case as a whole, courts often consider both the content of statements made during the investigation and their consistency. For that reason, the content of the initial statement does not end at the investigation stage and may also affect the outcome of the verdict.

5. Proceeding to an interview without sufficient preparation is very dangerous

Many people think of an interview as nothing more than a simple question-and-answer session and attend without much preparation. In reality, however, the same facts can be interpreted in completely different ways depending on the method and order of the questions and subtle differences in wording, and the intent behind the questions may differ depending on which issues the investigative agency sees as disputed. In such a situation, if you continue answering on the spot, you may end up making statements unfavorable to you against your own intent, and even if you later try to correct them, it is not easy to change the statement structure that has already been formed.

6. Before the interview, it is essential to organize your statement

Before the interview, it is necessary to organize the events at the time of the incident in chronological order and to specifically整理e the relationship with the other party and how the incident came about. In particular, for issues such as whether there was consent or what your understanding was at the time, it is important to review in advance how you will explain them. In addition, you should review the questions you are likely to face and organize your response direction beforehand, and depending on the case, checking the direction and wording of your statement with a lawyer in advance can make a significant difference in how the case is handled.

In sex crime cases, initial statements often determine the flow of the case, and simply telling the facts and organizing them into a statement are completely different matters. Responding without sufficient preparation before the interview can be very risky, so it is necessary to review in advance the response strategy that fits your current situation. Since the response at the initial stage of a case can have an important impact on the outcome, please establish an appropriate strategy based on the specific circumstances.