For a wrongful sex crime accusation, can I file a criminal complaint for a sex crime false accusation?

If a person makes a false report about a sex crime case with the purpose of causing another to receive criminal punishment or disciplinary action, the offense of sex crime false accusation is established.

Depending on the situation, you can proceed with a criminal complaint for defamation and the like and a civil claim for damages.

It is established when the report of the false fact reaches an investigative agency, and the offense is established regardless of whether an investigation has commenced.

If the charge of sex crime false accusation is recognized, the person is subject to imprisonment of up to 10 years or a fine of up to 15 million won.

For this offense to be established, the following requirements must be met.

① Where what the victim or complainant claims is entirely untrue

② Where the complainant intentionally reported a false fact

③ Where the accused suffered actual harm due to the complainant's false complaint

That is, this offense can be established where a person suffers a disadvantage, such as being wrongfully investigated or brought to trial.

In order to proceed with a criminal complaint for the offense of false accusation, you must systematically collect evidence related to the case and respond actively.

If you wish to respond actively in such a wrongful situation, we recommend entrusting the case to a sex crime attorney and seeking a solution.