Grandfather accused of molesting his minor granddaughter... Why was he not indicted?

Prosecutors say, “He was sent on charges of forcible molestation and child abuse, but there is no specific evidence and the credibility of the statement is questionable.”
Defense attorney, “We found a lot of evidence that could be considered a false accusation... clearly revealed the motive for filing the complaint.”

There was a case in which a man in his 70s who was sent to the prosecution for indictment on charges of forcibly molesting and abusing his 13-year-old granddaughter was acquitted after his motive for filing a false complaint was revealed.

The Changwon District Prosecutors' Office recently decided not to indict suspect A (71 years old), who was sent on charges of the Special Act on the Punishment of Sexual Violence Crimes, such as forced molestation and child abuse due to kinship ('Sexual Violence Punishment Act') and the Child Welfare Act, as 'no charges due to insufficient evidence.'

The prosecution stated as the reason for the decision not to indict, “Considering that no specific evidence was found to support the accuser’s statement, and that there was no mention of molestation during the psychological counseling process, it is difficult to view the statement as credible.”

The crimes of forcible molestation, quasi-rape, and quasi-forcible molestation due to kinship relations are punishable by ‘five years or more in prison’ under the Sexual Violence Punishment Act, so if found guilty, most cases are subject to imprisonment.

According to the prosecution, Mr. A has been accused of habitually molesting and abusing his granddaughter, Ms. B, since 2019.

Ms. B (10 years old in 2019) claimed that her grandfather, Mr. A (66 years old in 2019), who raised her after the death of her parents, had molested her for five years, and sued Mr. A on charges of forced relative molestation and child abuse.

Previously, Mr. A had been raising his granddaughter, Ms. B, for five years after her parents died. However, Ms. B was suffering from mental illness problems such as depression, and as a result, she was exposed to crimes such as conditional encounters.

When Mr. A found out about this, he disciplined Ms. B, and Ms. B, who took revenge, reported to the police that she had been sexually harassed and abused.

During the prosecution's investigation, Mr. A's lawyer claimed that Ms. B had made a false complaint due to delusions due to depression and in retaliation against Mr. A, and proved that Mr. A did not molest Ms. B based on the details of the psychological counseling center and the results of the school investigation.

In addition, it was emphasized that Mr. A faithfully participated in the upbringing of Ms. B, who was left alone, as a guardian, including participating in elderly jobs.

Mr. A's lawyerAttorney Lee Il-kwon of Daeryun Law Firm (Limited) said, "If there is no possibility of misunderstanding, as in this case, it is highly likely to be a false accusation. Revealing the motive in order to prove the intentionality of the false accusation is a major issue," and added, "Because false accusations can greatly damage an individual's reputation and social trust, one must quickly prove one's innocence and regain one's legitimate rights."

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