The key to deciding whether to be innocent of a sexual crime is ‘component requirements’… Whether the legal requirements are met must be judged calmly.

When faced with charges of sexual crime, what determines whether an actual crime is established is whether or not the requirements set by the law are met. Criminal punishment is possible only based on laws enacted by the National Assembly in accordance with the principle of legality of crime, and Article 12 of the Constitution and Article 1 of the Criminal Act prohibit punishment that is not in accordance with the law and due process. Therefore, simply receiving a charge and establishing a crime under the law must be approached as separate issues.

The standard for determining whether a specific act constitutes a crime is ‘correspondence to the elements.’ This is the process of verifying whether all of the behavioral requirements stipulated by law are met. For example, in the case of the crime of forcible indecent assault under Article 298 of the Criminal Act, all three requirements must be proven: assault or intimidation, an act against a person, and indecent assault. If even one of these elements is lacking, the person cannot be punished as a forcible molestation under the law.

Analysis of the structural requirements is also essential in cases of lewd acts using communication media (prostitution), which frequently occur recently. According to Article 13 of the Special Act on the Punishment of Sexual Violence, the purpose of satisfying sexual desire and the ‘reach’ of media that causes sexual shame are conditions for establishment. Even if a sexual message is written, if it is not actually sent to the other person and reaches the other person, a crime will not be committed due to failure to meet the requirements.

In many cases, acquittal in sex crime cases is due not only to the absence of the act but also to the lack of legal requirements. Rather than being intimidated by the facts of the charges, suspects should closely analyze whether the charges presented by the prosecution fully meet the legal requirements. The process of verifying each legal requirement is the most basic and key step in establishing a sexual crime defense strategy.

Therefore, from the beginning of the investigation, it is necessary to professionally review with a lawyer whether one's actions meet the criminal requirements specified in the law. We must recognize that meeting legal requirements is a critical criterion for establishing a crime, and block the possibility of unnecessary criminal punishment through logical and thorough legal responses from the early stages.

Help: Attorney Youngjin Ahn, Daeryun Law Firm

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The key to determining innocence of sexual crimes is ‘component requirements’… We must calmly consider whether the legal requirements are met (link)