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Q

What evidence is needed to respond with a sexual molestation false accusation charge?

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After marriage, we had several arguments, and recently my spouse's verbal and physical abuse has become severe, so I'm seriously considering divorce. But we have children, and I'm also worried about property division and custody issues, so I don't know where to start. It's not something I can easily talk about with people around me, and it feels too complex to decide alone. Is there an attorney or consultation service I can trust for divorce consultation in this situation?

sexual molestation false accusation

A

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A sexual molestation false accusation is established when the other party fabricates events that did not actually occur with the purpose of causing another person to be criminally punished, and falsely reports it (Article 156 of the Criminal Act).


An important point here is that receiving a "no charges" disposition for sexual molestation charges does not immediately mean that false accusation is recognized.


The key is to prove that the other party intentionally reported knowing it was false.

For this, it is important to secure objective circumstantial evidence before and after the incident.

If there is on-site CCTV from the time, it will be possible to verify what actions actually occurred at the scene.

However, if such materials are not available, after the incident, while claiming damage, if the person showed an attitude no different from usual through text messages, etc., this can be used as a circumstance of false reporting.

Also, during conversation, call recording files containing contradictory statements or admissions of false facts can also be used as evidence materials.

In addition, after thoroughly reviewing whether the time and place mentioned in the victim's statement match reality, the possibility of false accusation can be supported through on-site photos, GPS records, etc.

If false accusation is recognized based on such evidence materials, imprisonment of up to 10 years or a fine of up to 15 million won may be sentenced.

However, since sexual molestation false accusation cases require proof of the other party's "intent," it is good to establish a strategy and collect and submit evidence together with an evidence investigation expert or attorney.

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