Ulsan Law Firm | Representing a Workplace Sexual Assault Victim in Filing a Complaint, Leading to a Custodial Sentence

The terrible incident befell the client during a workshop retreat taken together with coworkers.

Having just successfully completed an important project, the client and the coworkers drank in a cheerful mood.

After conversing late into the night, the client was tidying up in order to return to the room.

At the time, the other coworkers had stepped outside for a moment, and only coworker A remained beside the client.

A helped the client tidy up afterward.

Feeling grateful, the client patted A on the shoulder, expressed thanks, and was about to head to the room.

However, A suddenly grabbed the client's body and attempted to kiss the client.

When the client resisted, A overpowered the client by force, and the act of sexual intercourse followed.

As a result of this offense, the client became pregnant and had to endure great suffering.

However, A did not show any proper remorse, and the client resolved to file a complaint.

A consistently denied the charges from the investigative stage through to the court proceedings.

A claimed that the two had ordinarily felt mutual attraction and that the sexual intercourse was consensual.

However, this was not true.

A and the client were workplace coworkers, nothing more and nothing less.

There was also no material capable of proving a relationship between the two.

Nor had the client initiated any physical contact with A at the drinking gathering at the time.

The Ulsan law firm argued that this case constituted a clear instance of sexual intercourse by force and requested strict punishment.

A also argued that the client's statement lacked credibility.

A claimed that the report of the rape was made about a month after the incident occurred and that the statement about the situation changed little by little as the investigation continued.

However, this argument by A could not be accepted either.

The reason the client could not report the harm in a timely manner was the regard of others around her.

In particular, because this was a sexual offense that occurred within the workplace, there were a great many things the client would have had to endure if she had disclosed it.

For this reason, the client tried to quietly bury A's criminal conduct in her heart.

However, a few weeks later the client learned that she was pregnant. When she informed A of the situation and asked about the circumstances, A showed a brazen attitude, asking whether it had not been a consensual relationship.

Greatly angered by this, the client had no choice but to submit a complaint against A.

In addition, it was not at all impossible for part of the statement about the situation to have changed.

Because the police investigation began only after more than a month had passed since the incident, the client's memory was inevitably faint.

The portions where the client's statement varied were also very peripheral, and all of the core statements necessary for a finding of guilt in this case were consistently maintained.

On this basis, the Ulsan law firm emphasized that A's argument was not valid.

During the trial, A referred to the difference in physique between A and the client and argued that coercive sexual intercourse would have been difficult.

It was true that the two were of similar height.

However, at the time the client was intoxicated, while A was in a relatively sober state.

In addition, even if their builds were similar, the difference in strength arising from the difference in sex could not be disregarded, so it was correct to find that A did not need to exert much force to overpower the client.

On this basis, the Ulsan law firm emphasized that strict punishment of A was warranted.

As society develops, the types and methods of sexual offenses are also becoming more varied and sophisticated.

In particular, because sexual offenses often occur in concealed places where only the victim and the perpetrator are present, securing the relevant evidence is also quite difficult.

In addition, the finding of guilt or innocence may turn on how one gives statements before the investigative authorities and in court.

This is why specialized assistance should be obtained from the early stages of the investigation.

If you are facing a concern because you are involved in a sexual offense, you are welcome to reach out to the Ulsan law firm.