Indecent Act by Compulsion (Sexual Molestation)

When sentencing for indecent act by compulsion, the court considers factors such as the “seriousness of the crime,” the “degree of the offender’s responsibility,” and “whether the harm has been redressed” and applies sentencing guidelines divided into mitigated, basic, and aggravated ranges.

Set out below are the representative standards by type.

※ Molestation of a youth by deceit or coercion falls under Type 3 (indecent act by compulsion against a youth).

※ In the case of a specific violent crime (repeat offense), the upper and lower limits of the sentencing range in the table above are increased by a factor of 1.5, and the more severe sentencing standard among them applies.

The sentencing guidelines comprehensively consider not only the outcome of the offense, but also the manner of the conduct, the impact on the victim, the offender’s personal background and prior record, whether the offender has shown remorse, whether a settlement has been reached, and other factors.

▶Mitigating Factors

- If the assault or intimidation was very slight, or the degree of molestation was minor

- A person with a disability or in a state of mental and physical weakness (through no fault of the person)

- If the offender turned themselves in

- If the victim has expressed a wish not to have the offender punished

- No prior record of criminal punishment

- Sincere remorse and efforts to redress the harm

- A minor degree of involvement (passive participation, participation under coercion, etc.)

▶Aggravating Factors

- Molestation carried out in a sadistic or perverse manner

- Multiple victims or repeated offenses

- A victim in a vulnerable state (disability, a child, etc.)

- Intrusion upon habitation or special (aggravated) indecent act by compulsion within a relative relationship

- Soliciting a subordinate to commit the offense

- An offense by a worker at a protective facility or by a person obligated to report child abuse

- A habitual offender

- If a relationship of personal trust (teacher-student, superior-subordinate, etc.) was exploited

- If secondary harm was caused (except where a separate crime is established)

1. The Importance of the Initial Response

As soon as a person receives notice of a police investigation or of a filed complaint, organizing the facts is more important than responding emotionally.

Self-serving explanations may instead operate as unfavorable statements.

2. Deciding Whether to Admit the Charge

If a person has been wrongly accused, proving the absence of any charge takes priority over a settlement.

Conversely, if some fault is acknowledged, the punishment may be minimized through sincere remorse and efforts toward a settlement.

3. Gathering Evidence

A person should secure as much as possible to support the circumstances at the time, such as CCTV footage, text messages, call recordings, and witness statements.

Materials that include the usual relationship with the victim and conversations before and after the conduct are very important to the assessment of credibility.

4. Managing One’s Demeanor When Giving Statements

In an indecent act by compulsion case, the credibility of the victim’s statements and the suspect’s demeanor are central.

It is important to avoid expressions that may give rise to misunderstanding and to respond calmly during the investigation.

1. Action Immediately After the Harm

-Immediately report to 112 or visit a nearby police substation or police station
-Preserve the scene: keep clothing, the physical condition, and the surrounding environment as they are immediately after the harm
-Secure evidence: identify the location of CCTV cameras, capture text messages and SNS messages, and obtain the contact details of people nearby

2. Preparing Statements

-Statements should be very specific and consistent, and should be written with a focus on facts rather than expressions of emotion
-Before memory fades, it is advantageous to note down the gist of one’s statement

3. Using Hospitals and Sexual Violence Counseling Institutions

-Records from obstetrics and gynecology or psychiatry are key materials for proving the harm
-Connect with a sexual violence counseling center or a Sunflower Center under the Ministry of Gender Equality and Family

4. Considering Parallel Criminal and Civil Proceedings

-In addition to a criminal complaint, a person may pursue actual redress of the harm by also conducting civil proceedings, such as a claim for consolation money

In an indecent act by compulsion case, a defense strategy is established with the aim of an acquittal or a reduced sentence on the following key issues.

1. Disputing Whether the Conduct Itself Constitutes “Molestation”

The point emphasized is that the conduct the suspect engaged in does not amount to “molestation” that provokes sexual shame under generally accepted social norms.

For example, where it is proven that the conduct was merely incidental contact or a friendly gesture arising in an everyday relationship (for instance, a pat on the shoulder by way of encouragement), an acquittal may be possible.

The victim’s reaction, the circumstances at the time, third-party statements, and CCTV footage are used as decisive materials.

2. Arguing That There Was No “Assault or Intimidation”

If there was no physical force in the conduct, or the situation was one in which the victim could react freely, then compulsion is not recognized, and an element required for the crime to be established is lacking.

The key question is whether simply touching an arm or having a hand make contact rose to a level that can be regarded as indecent act by compulsion under the criminal law.

3. Rebutting the Credibility of the Victim’s Statements

If the victim’s statements contradict the chronological order, the content, or the surrounding circumstances, or lack specificity, the possibility of false statements may be raised.

In particular, where a flow of statements that is difficult to accept based on common experience is found, an assertive defense is possible on that basis.

Text and KakaoTalk messages occurring before and after the victim’s statements, and whether the statements were retracted, are key materials.

4. Arguing That, Based on Subsequent Circumstances, There Was No “Serious Harm”

If there are circumstances showing that the victim naturally conversed with the suspect immediately after the conduct or had a further meeting, this may be regarded as indicating that the victim did not strongly perceive the harm.

If the timing of the complaint was excessively late (weeks to months later), the genuineness of the alleged harm may be disputed.

For instance, the possibility of an emotional response after a breakup or a complaint arising from a misunderstanding may be presented.

From the victim’s standpoint, building the structure of the argument around how the conduct provoked sexual shame, the clarity of one’s own refusal, and one’s state of shock at the time is a practical response strategy.

1. Emphasizing the Assessment of “Molestation” Under Generally Accepted Social Norms

From one’s own standpoint, a person must specifically state that the conduct was entirely unwanted and that the sexual displeasure was very strong.

Even simple physical contact may amount to indecent act by compulsion depending on the situation and relationship, the part of the body touched and the manner of contact, and the victim’s reaction.

It is important to give concrete form to the emotions and reactions, such as “it was sudden and unwanted physical contact” and “I felt unpleasant and frightened at the time.”

2. Highlighting That There Was a Clear Expression of “Refusal”

Whether the conduct continued despite a refusal being expressed verbally or non-verbally (pulling away, removing a hand, etc.) has a significant effect on the sentence as well.

If there are circumstances showing that displeasure was conveyed to the other party in text messages, SNS messages, or the like, these must be submitted.

3. Emphasizing the Genuineness of the Harm Based on the Circumstances

Securing hospital treatment records or statements from people nearby regarding the emotional shock immediately after the incident (insomnia, depression, panic, etc.) increases credibility.

If the conduct before or after the complaint is consistent with that of an ordinary victim, the court will assess this as a basis for credibility.

4. The Need to Explain Conversations and Conduct With the Suspect After the Incident

If there are circumstances showing that the victim later contacted the suspect or had everyday conversations, the court may use this as a basis for doubting the victim’s psychological state.

For this reason, the victim should explain in advance, in their statement, the background in which refusal was difficult because of the relationship, such as the other party being a workplace superior or a teacher, or the context in which they responded out of fear or an intent to smooth things over.

Indecent act by compulsion carries a high level of punishment and may entail long-term social disadvantages, such as registration of personal information.

Because a simple mistake or misunderstanding may remain as a lifelong record, the initial response is important for both the suspect and the victim.

At Daeryun Law Firm, attorneys experienced in sex crime cases collaborate with the Evidence Investigation Center (a partner organization) and the Digital Forensics Center to lawfully gather evidence favorable to the case and to establish a response strategy suited to the circumstances.

If you are in a situation requiring an investigation or a response for a charge of indecent act by compulsion, please confirm the issues in your case and the response strategy through a 🔗 legal consultation reservation with an attorney experienced in sex crime cases.

Daeryun, ranked 9th among law firms in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), provides tailored legal services.