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Legal Intellectual

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Q

When does the statute of limitations end?

Legal IntellectualViews47,650

A woman at a bar kept talking to me and touching me, and I felt uncomfortable so I told her to stop. I'm not sure if she got angry about it, but she suddenly filed a complaint against me for indecent assault. I feel so wronged and flustered that I want to fight back — can I counter-sue for false accusation of a sex crime?

statute of limitations

A

Answer to Related Inquiry

The statute of limitations basically varies depending on the punishment prescribed for the offense.

- Death penalty: permanent ~ 25 years

- Life imprisonment/imprisonment without labor: 15 years

- Imprisonment/imprisonment without labor of 10 years or more: 10 years

- Imprisonment/imprisonment without labor of 5 years or more and less than 10 years: 7 years

- Imprisonment/imprisonment without labor of less than 5 years, fine: 5 years

For indecent assault, since the statutory punishment is imprisonment of up to 10 years or a fine of up to 15 million won, the statute of limitations should be calculated as 10 years.

Please note that for sexual violence crimes, complaints and reports can be filed at any time as long as the statute of limitations remains.

If the perpetrator has fled abroad to evade criminal punishment, until a decision is finalized when filing for adjudication, or for sex crimes against minors, etc., the statute of limitations may be suspended depending on the situation.

Although I cannot know exactly the age at which you suffered the harm, if you were under 19, the statute of limitations should be calculated as 15 years.

If you were under 13, please note that the statute of limitations does not apply, so you can file a lawsuit at any time.

If you wish to have the sex crime perpetrator receive proper punishment, please feel free to receive a legal consultation at any time.

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