CONTENTS
- 1. Military Indecent Assault | Concept
- 2. Military Indecent Assault | Main Types and Examples
- - A Look at Actual Cases of Military Indecent Assault
- 3. Military Indecent Assault | A Look at the Levels of Punishment
- 4. Military Indecent Assault | A Look at How to Respond
- - Prevention Rules and Precautions
- - Responsibility Can Be Pursued Even After Discharge
- 5. Military Indecent Assault | A Specialist Attorney's Defense Strategy
1. Military Indecent Assault | Concept
Military indecent assault refers to a service member subject to the Military Criminal Act committing the offense of indecent act by compulsion against a service member or quasi-service member within the military.
Unlike indecent assault by civilians, it is punished separately under the Military Criminal Act, with the aim of maintaining order within the military organization and establishing military discipline.
Because committing military indecent assault can undermine military discipline and disrupt the atmosphere within the military, the accused may face pressure during the investigation and may find it difficult to clear the charge.
Given the closed nature of the military organization, securing evidence that can support a defense of innocence regarding a military indecent assault charge is very difficult.
Military indecent assault may result not only in criminal punishment but also in military disciplinary action, and the offender may even lose their military position itself.
Recently, even physical contact between members of the same sex within the military has become subject to criminal punishment as a military indecent assault case, so you should be aware that coercive same-sex physical contact against another person's will may constitute military indecent assault.
2. Military Indecent Assault | Main Types and Examples
The following looks at the main types and examples of military indecent assault.
1. Indecent assault by deceit or coercion
Acts in which a superior subjects a subordinate to sexual harassment or physical contact
2. Same-sex indecent assault
Coercion of sexual acts or physical contact between members of the same sex in a closed barracks environment
3. Verbal sexual harassment
Causing humiliation through sexual jokes, comments on appearance, sexually related remarks, and the like
4. Digital indecent assault
Transmitting obscene material through mobile phones or other digital devices, illegal filming, sending sexual messages, and the like
It may be established even without the use of physical force strong enough to overpower the other person's will, and even unintended physical contact or playful touching may constitute the offense if it caused the other person discomfort.
A Look at Actual Cases of Military Indecent Assault
1. A case found to constitute indecent assault even without a sexual purpose
The court ruled that even briefly touching the buttocks of a fellow private in the military, without any sexual purpose, constitutes indecent assault.
The defendant argued that he tapped the buttocks for about one second to show friendliness, that it was not an indecent act, and that the act was not intentional, but the court held that touching the buttocks constitutes indecent assault even between members of the same sex and without sexual intent.
2. Striking a specific body part with a finger also constitutes indecent assault
This is a case in which striking a specific body part of a junior soldier with a finger, while the soldier was changing into his dress uniform to go on leave at the unit barracks, was also recognized as indecent assault.
3. A ruling that consensual sexual relations between service members are not punishable
A ruling held that if same-sex service members engaged in sexual relations by mutual consent, they cannot be punished.
The court stated that the legal interest protected by the Military Criminal Act provision is the social interest of "the sound life and discipline of the military as a community," and held that acts of sexual gratification based on the voluntary consent of the parties can hardly be regarded as harming that protected interest.
3. Military Indecent Assault | A Look at the Levels of Punishment
The following looks at the levels of punishment for military indecent assault.
▶Indecent act by compulsion: imprisonment for a definite term of at least 1 year
▶Rape: imprisonment for a definite term of at least 5 years
▶Imitative rape: imprisonment for a definite term of at least 3 years
Whereas the crime of indecent act by compulsion under the Criminal Act carries imprisonment of up to 10 years or a fine of up to 15 million won, military indecent assault has no upper limit on the fine or term of imprisonment, so an actual custodial sentence is often imposed.
In addition, security measures such as the duty to register personal information and the disclosure of personal information may follow, and military disciplinary action is imposed.
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4. Military Indecent Assault | A Look at How to Respond
The following looks at how to respond from the perspective of both the victim and the suspect in an indecent assault case.
▶Victim's response
-Immediately report to a trusted superior or a sexual grievance counselor
-Secure evidence: text messages, call recordings, CCTV, witness statements, and the like
-Where possible, request help from the Center for Military Human Rights or an external legal aid organization
▶Suspect's response (a person identified as the alleged offender)
If you are identified as a suspect in an indecent assault case, you should respond in the following ways.
1. Be careful with statements in the early stage of the case
-Because the content of the initial statement forms the basis of the investigation and trial, avoid unfavorable statements; you may exercise the right to remain silent
-If you cannot clearly remember the details of the case or are concerned about an emotional response, immediately request the assistance of a legal expert
2. Analyze the evidence and secure rebuttal material
-Secure conversation records, CCTV, and statements from people nearby that can address the victim's claims
-Structure the response around whether the interaction was based on mutual consent and whether there was sexual intent
3. Deny sexual intent and coercion
-Emphasize that simple physical contact, slips of the tongue, and the like involve no sexual intent or coercion
Prevention Rules and Precautions
Prevention is more important than anything else when it comes to military indecent assault.
In the military in particular, which is closed and has a clear rank structure, even a minor misunderstanding can escalate into indecent assault, so particular care in everyday conduct is needed.
Below are the basic rules that service members must keep in mind to prevent military indecent assault.
1. Avoid situations where you are alone with one other person in a private space
Being alone with a member of the opposite sex or a subordinate in a barracks, official residence, or similar space can give rise to misunderstanding, so it is best to avoid such situations.
2. Refrain from excessive physical contact and jokes at drinking gatherings
Words and conduct that occur while drinking at a gathering can also constitute military indecent assault if they cause sexual humiliation. Putting an arm around someone's shoulders or playful touching also requires caution.
3. Regularly complete sexual harassment prevention education and work to improve awareness
Sexual jokes, comments on appearance, and the like may be jokes to you but can be an insult to the other person. Participation in education to cultivate gender sensitivity is needed.
Responsibility Can Be Pursued Even After Discharge
A military indecent assault case that occurs during military service does not end with discharge.
If criminal punishment becomes final, legal disadvantages in civilian life may follow, such as registration as a sex offender, designation as a subject of electronic monitoring, and an employment restriction order, and a separate civil lawsuit, such as a claim for damages, may be filed by the victim.
In addition, a military criminal judgment may be used in the personnel screening process of civilian institutions, so it can lead to substantial disadvantages such as social stigma and career disruption even after discharge. For this reason, a long-term strategy is needed from the early stage of the response.
5. Military Indecent Assault | A Specialist Attorney's Defense Strategy
A military indecent assault case involves legal issues on many fronts, including the Military Criminal Act, military trials, disciplinary action, and claims for damages, so it requires the development of a complex strategy that goes beyond simple criminal defense.
Daeryun Law Firm provides specialized and practical support in the following areas.
1. Early investigation response and advice on statement strategy during questioning
Advance preparation for questions anticipated in military police and military prosecution questioning, and development of a strategy covering points to note when giving statements and defense points
2. Analysis of legal principles and review of precedents related to military criminal cases
Review of whether key Military Criminal Act provisions, such as military indecent assault and imitative rape, apply, and analysis of precedents and legal principles that may support an argument of innocence
3. Coordination of a settlement with the victim and review of the settlement terms
Handling negotiations with the victim's side, assessing the appropriateness of the settlement amount, and reviewing the settlement agreement in a form that can be submitted to the court
4. Support in preparing letters of reflection, petitions, and other sentencing materials
Structuring effective sentencing materials from the court's perspective, and advising on the timing and strategy of submission
5. Response to military disciplinary action and discharge dispositions
Submission of explanatory materials for internal military disciplinary procedures related to indecent assault (reprimand, suspension, dismissal, and the like) and representation in procedures to challenge the disposition
6. Response to damages lawsuits and civil liability
Legal representation and defense strategy for civil lawsuits, such as claims for consolation money, that may be filed separately from the criminal case
7. Representation in administrative litigation against military disciplinary and discharge dispositions
Performing the entire process of responding to unjust disciplinary and discharge dispositions, including objections, appeals reviews, and administrative litigation
Given the closed and hierarchical nature of the military organization, in a military indecent assault case a person can easily be unfairly accused or miss the opportunity to respond appropriately.
Physical contact that involved no sexual intent may also be interpreted as indecent act by compulsion under the Military Criminal Act, so the initial statement, securing evidence, and developing a defense strategy are more important than anything else.
A military indecent assault case, which can extend to military trials, disciplinary action, and civil liability, requires complex legal judgment, so responding strategically with the assistance of an expert is the best approach.
Daeryun Law Firm provides tailored defense strategies through a task force response by attorneys specializing in the Military Criminal Act, sex offenses, and civil matters.
If you need help with a military indecent assault matter, please turn to Daeryun Law Firm, where prompt consultation is available within the garrison area without the need to travel to another region.
