Quasi-Indecent Act by Compulsion Defense Case | Non-Prosecution for a Client Who Committed an Indecent Act Against a Heavily Intoxicated Woman

On the day of the incident, the client visited a room bar with a friend and ended up sharing a table with women he was meeting for the first time.

Afterward, the client and a woman moved to a second venue and continued drinking, and both of them became nearly blackout drunk.

After the drinking ended, the woman, who was kissing him out on the street, suddenly lost consciousness and collapsed.

A short time later, a report of a sexual offense was filed, and the client, who felt the accusation was unjust, requested assistance from a sexual offense attorney to defend against punishment.

The client stated that the woman showed interest first, and that during the drinking they naturally continued physical contact and formed an intimate atmosphere.

To verify the circumstances at the time, the sexual offense attorney secured and closely reviewed the CCTV footage inside the bar.

As a result, the woman, up until the physical contact occurred, conversed with the client and behaved normally, showing no problem whatsoever in communication.

Accordingly, the attorney emphasized that the woman, at the time, was not in a state of mental incapacity or an inability to resist, and that the physical contact took place under her clear intent.

When the woman lost consciousness, the client immediately called 112 to request help.

To support this, the sexual offense attorney secured the call records as evidence, and emphasized that the client showed no intent whatsoever to commit a crime such as the one in this case, and that there was no physical contact other than in the course of supporting the woman.

The sexual offense attorney closely secured and analyzed the statement of the client's friend, who was present at the time of the incident.

As a result of the analysis, the attorney emphasized that the client and the woman clearly showed mutual interest, and that the people around them recognized this to the extent that they made room for the two.

Quasi-indecent act by compulsion is punished according to the provisions on indecent act by compulsion, and even an attempt cannot escape criminal liability.

In addition, sexual offense cases may result not only in criminal punishment but also in social and occupational disadvantages, so it is important to establish a response from the early stage of the case.

Sexual offense cases draw strong social criticism, and the statutory penalties prescribed under the Criminal Act are heavy.

Daeryun LLC has many attorneys with extensive experience handling sexual offense cases.

Accordingly, from the early stage of a case, the firm establishes a response strategy through review of the client's statement, securing evidence (CCTV, call records, statements of people present, and the like), and analysis of the background of the case.

If you are facing difficulty due to involvement in a sexual offense case, please feel free at any time to request assistance from Daeryun LLC through its 🔗legal consultation reservation.