Sex crime questioning: the last 10 minutes before you sign the record

When questioning ends, the investigator hands you the printed record of statements and tells you to read it and sign if there is nothing wrong. You have already been sitting for hours and your mind is tired. Even without the investigator rushing you, you rush yourself, and many people flip through only the first few pages and sign the last one.

This moment is a pity because the record follows you through every later stage. The same record sits at the front of the file for the police's decision on whether to refer the case, the disposition by the prosecutor at the Public Prosecution Office (공소청), and the trial. If you say something different in court, you first have to explain why your statement changed.

The right to read and the right to correct

The record must be shown or read aloud to the suspect, and if the suspect asks for a correction, it must be added to the record. The original part objected to is left so that it can still be read (Article 244(2) of the Criminal Procedure Act). Making corrections is not a favor; it is a procedure set by law.

If you don't have enough time, ask for more. If you request it in writing, reading the record is recognized as an exception to the 12-hour limit on total questioning time, and even under the restriction on late-night questioning, the reading can continue until midnight (Articles 21(1) and 22(1) of the Investigation Rules (수사준칙)). If counsel is present, you can read it together and check the wording one phrase at a time. If counsel stated an opinion after the questioning, the record containing that opinion is also shown to counsel for signature (Article 243-2(4) of the Criminal Procedure Act).

Where to look in those 10 minutes

• Sentences containing words you did not use
• Places where the question is long and your answer is recorded only as ‘yes’
• Numbers such as times, frequencies and places
• Whether things you said you didn't remember have turned into definite statements
• Your answer to the final question of whether you have anything to add

In sex crime records, the verbs describing the act are especially important. Brushed against, touched, felt, grabbed: the same contact can be assessed differently in law depending on the word. Just checking that the record uses the words you actually used makes these 10 minutes worthwhile.

Also look closely at any part where the victim's statement was summarized to you and you were asked what you thought. If you answered that it might be possible, check that your answer has not been written up as if you accepted the victim's statement.

At the end of the record, you write by hand that you have no objections or comments, stamp across the pages and sign (Article 244(3) of the Criminal Procedure Act). If you asked for a correction and it was not made, ask that the fact that you made the request be recorded.

What you can still do after signing

You cannot undo a record you have already signed. However, if you write down which questions you were asked and how you answered right after the questioning, while your memory is fresh, any misunderstandings can be pointed out and explained in a written opinion from counsel. If further questioning or a confrontation is scheduled, the wording of the first record becomes the starting point for the next questions, so it is essential to take time to go over things again before then.