Sexual Molestation by a Relative

For sexual molestation by a relative to be established, two key elements must be satisfied.

1. The Offender and the Victim Must Be in a ‘Relative Relationship’

Unlike ordinary indecent act by compulsion, sexual molestation by a relative applies when a certain familial relationship exists between the actor and the victim.

The ‘relative’ referred to here includes a blood relative, a relative by marriage, a spouse, or even a person who effectively acts as a guardian or caregiver.

In other words, the offense is established only when the molestation occurs within a family relationship or a relationship equivalent to one.

2. Physical Contact Must Have Occurred Without the Other Party’s Consent

Sexual molestation is established when a person makes physical contact against the victim’s will, or engages in conduct that causes sexual humiliation or discomfort.

Even if the victim did not clearly express refusal, the conduct may be deemed molestation if, viewed objectively, it was such as to cause sexual discomfort or humiliation.

This means that even if the person claims it was merely an expression of affection or a joke, the offense of sexual molestation by a relative may be established if the victim felt sexually uncomfortable or humiliated.

Because sexual molestation by a relative is an offense occurring among family members, victims often cannot report it immediately and endure it alone for a long time.

Reflecting this reality, the law provides for the statute of limitations in a special manner, unlike for ordinary offenses.

1. Basic statute of limitations: up to 10 years

In principle, sexual molestation by a relative may be punished for up to 10 years from the date the offense occurred.

However, various exceptions exist to this period in consideration of circumstances in which the victim cannot report immediately.

2. If scientific evidence exists: an additional 10-year extension

If scientific evidence such as DNA, video, or recordings exists, the statute of limitations is extended by a further 10 years, allowing criminal punishment for up to 20 years.

3. If the victim is a minor: the starting point of the statute of limitations differs

If the victim was a minor at the time of the offense, the statute of limitations begins anew from the day that victim reaches adulthood.

For example, where a person suffered harm at the age of 15, the 10-year or 20-year statute of limitations applies from the point at which they turn 19.

4. If the victim is under 13: no statute of limitations

This is the most strictly protected case.

If the victim was under 13 years of age, the statute of limitations does not apply at all, so a complaint may be filed and punishment imposed at any time.

The following reviews actual cases of sexual molestation by a relative.

CASE 1. A Biological Father Who Showed Pornography to His Daughter and Asked Her to Do the Same

A, who was indicted on charges including indecent act by compulsion by a relative, sexual intercourse by deceit with a minor under the age of 13, and child abuse, was sentenced to ten years of imprisonment.

A was accused of forcing his elder daughter, who was eight years old at the time, into imitative sexual acts and of molesting her.

It was also confirmed that he forced his younger daughter into imitative sexual acts and forcibly had sexual intercourse with her, and that in January he showed her a pornographic video and demanded sexual intercourse, telling her to "do the same."

CASE 2. A Biological Father Who Abandoned the Baby Born After Raping His Daughter

B, a biological father who abandoned the baby born after raping his daughter, was sentenced to fifteen years of imprisonment.

CASE 3. A Case of Molesting a Younger Female Cousin and Inflicting Secondary Harm

H was indicted on charges of indecent act by compulsion, including touching the body of his younger female cousin.

H inflicted secondary harm by, among other things, reprimanding another younger cousin who had reported the matter to the investigative authorities and stood as a witness for the victim, and the court, stating that the nature of the offense was very poor, sentenced him to three years of imprisonment.

1. Composed Response in the Early Stage of Investigation

Once a complaint is filed, the person receives a request to appear from the police as a suspect.

Because a misstatement at this stage may later operate as unfavorable evidence, the facts must be organized before giving any statement.

2. Review of the Possibility of a False Complaint

The possibility of a malicious false complaint arising from disputes over inheritance of property, custody, or conflict within the family cannot be ruled out.

Securing materials to rebut a false complaint (call records, text messages, social media conversations, third-party testimony, and the like) is important.

3. Review of Whether There Was Intent to Molest

If there was no intent to molest, the absence of intent may be argued.

For example, if the contact was ordinary physical affection or conduct that the victim could have misunderstood, this must be explained and substantiated.

4. Assessment of the Credibility of the Victim’s Statement

If the victim retracts a statement or the statement lacks specificity and consistency, the credibility of the statement may be impeached.

1. Prompt Reporting and Consultation

A report should be made promptly through 112, the Women’s Emergency Hotline 1366, or a specialized child protection agency.

Remaining silent or enduring the situation simply because the offender is family may allow the conduct to recur.

2. Securing Evidence

Memos, photographs, recordings, conversation records, medical records, and similar materials documenting the circumstances at the time of the harm should be secured.

In particular, injuries to the area of physical contact or psychiatric records can serve as strong evidence.

3. Requesting Separation Measures

The police may be asked for an ‘emergency provisional measure’ to separate the offender.

An order of no contact or a provisional protective order may also be applied for through the family court.

4. Civil Claim for Damages

Consolation money may be claimed alongside a criminal complaint.

Compensation for emotional harm is recognized even within a relative relationship.

The following reviews practical defense points in cases of sexual molestation by a relative.

▶Suspect’s Position

-Denial of intent to molest: misunderstanding of the situation, absence of intent in the physical contact
-Challenging the credibility of the statement: emphasizing the lack of consistency and specificity in the victim’s statement
-Establishing the background of family conflict: presenting the possibility of a false complaint through inheritance disputes, divorce, property issues, and the like
-Substantiating the absence of psychological coercion: proving that there were no circumstances in which the victim was overpowered by deceit or authority

▶Victim’s Position

-Maintaining a consistent statement: practice and preparation of the statement are needed to prevent distortion of memory
-Concurrent psychological treatment: an important factor in increasing the credibility of the statement
-Proving long-term, repeated harm: organizing the circumstances by date and securing statements from those around the victim
-Securing circumstantial evidence after the fact: presenting in concrete terms the conduct, conversations, and psychological changes following the harm

This firm operates both attorneys experienced in sex crime cases and the Digital Forensics Center, an evidence analysis center that plays a decisive role in the early response, and is therefore able to respond promptly and precisely even to complex and sensitive cases of sexual molestation by a relative.