Calculators & Self-ChecksProsecution Request Estimator
Rape: statutory penalty and likely requested sentence
The statutory penalty for Rape and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- 3 years or more in prison for a fixed term
- Legal basis
- Criminal Act, Article 297
- Category
- Sex crimes
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 5 to 7 years in prison
If the victim was injured, it is punished more heavily as rape causing injury (life imprisonment or 5 years or more in prison), and investigation in detention is treated almost as the rule.
Detention considered
- Likely requested sentence
- 3 to 5 years in prison
Investigation in detention is treated almost as the rule.
Detention considered
- Likely requested sentence
- 3 to 5 years in prison
This crime is punished even after a settlement, and investigation in detention is treated almost as the rule. A settlement is still reflected in the level of punishment.
Notes
- This crime has no fine option, so if charged, the case goes to a formal trial.
- If the victim is under 19 or under 13, special laws punish it much more heavily.
- If convicted, additional measures such as registration of personal information may follow.
Frequently asked questions
- Rape: what is the statutory penalty?
- Legal basis: Criminal Act, Article 297. Statutory penalty: 3 years or more in prison for a fixed term.
- Rape: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
Want to look at your own case more closely?
Send us a message about your situation. A lawyer will review it and reply.
© 2026 JISAN LAW. The question structure, the organisation of the criteria, the result wording and the data on this page are works and a database created by JISAN LAW. Copying, distributing or modifying them, reusing them on other websites or services, or collecting them automatically (scraping) without permission is prohibited. Violations may lead to civil and criminal liability under the Korean Copyright Act and the Unfair Competition Prevention and Trade Secret Protection Act.